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Civil Procedure and Harmonisation of Law

The Dynamics of EU and International Treaties

Book | 1st edition 2019 | United Kingdom | Anna Nylund, Magne Strandberg

A range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.

With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?

Anna Nylund is Professor of Law at the University of Bergen. She is a member of the board of the Nordic Association of Procedural Law.

Magne Strandberg is Professor of Law at the University of Bergen where he leads the Research Group for Civil Procedure Law. He also is a member of the ELI-UNIDROIT working groups on ‘From Transnational Principles to European Rules of Civil Procedure’.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780686936 / 9781780688305
Weight 450 g
Status Available
Number of pages xiv + 244 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Feb 8, 2019
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of contents and preliminary pages
    Anna Nylund, Magne Strandberg
  • Introduction
    Anna Nylund, Magne Strandberg
  • EU Civil Justice at the Harmonisation Crossroads?
    Eva Storskrubb
  • The ELI-UNIDROIT Project: An Introduction and an English Perspective
    John Sorabji
  • Europeanisation of Civil Procedure: Overcoming Follow-Up Fragmentation through Bottom-Up Harmonisation?
    Wolfgang Hau
  • Harmonisation or Fragmentation of National Law?: An East Nordic Perspective
    Laura Ervo
  • An Examination of the Influence of European Union Law on English Civil Procedure
    John Sorabji
  • The EU's Influence on Norwegian Civil Procedure through National Substantive Law
    Maria Astrup Hjort
  • Consumer Protection and EU-Driven Judicial Activism in the Netherlands
    Alain Ancery, Bart Krans
  • The Role of the Judge in Consumer Cases: A German Perspective
    Ivo Bach
  • Ex Officio Application of the Unfair Terms Directive Cases Against Consumers: A Swedish Perspective
    Torbjörn Andersson
  • Ex Officio Application of EU Consumer Protection Law in Norwegian Courts
    Halvard Haukeland Fredriksen, Magne Strandberg
  • Maintenance and Multi-Level Harmonisation: A European Union Perspective
    Volker Lipp
  • Family Maintenance and Multi-Speed Integration: A Norwegian Perspective
    Anna Nylund
  • Conclusions on Civil Procedure and Harmonisation of Law
    Anna Nylund, Magne Strandberg