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Procedural Autonomy Across Europe

Book | 1st edition 2020 | Bart Krans, Anna Nylund

"Topics of national procedural autonomy tend to be under-researched, despite their systemic importance. This has been especially the case in issues of civil procedure. The book edited by Krans and Nylund is an important contribution to filling this gap." -- Filipe Brito Bastos, Common Market Law Review, 2022

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.

Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?

Procedural Autonomy Across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780689067 / 9781780689951
Weight 395 g
Status Available
Number of pages xx
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jan 30, 2020
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents and preliminary matter
    Anna Nylund, Bart Krans
  • Aspects of Procedural Autonomy
    Anna Nylund, Bart Krans
  • Procedural Autonomy and Belgian Civil Procedure Law: A Turbulent Cohabitation
    Piet Taelman, Jarich Werbrouck
  • The English Approach to Procedural Autonomy
    John Sorabji
  • The Finnish Way of Understanding Procedural Autonomy: A Practical Approach to Implementing EU Civil Procedural Law
    Laura Ervo
  • A German Perspective on the Waning Procedural Autonomy in CivilMatters: Who is Afraid of European Civil Procedure?
    Wolfgang Hau
  • Procedural Autonomy in the Netherlands: A Fading Relic?
    Bart Krans
  • Procedural Autonomy, the EEA Agreement and Norwegian Law: The Art of Bridging a Gap and Maintaining it Too
    Anna Nylund
  • A Polish Perspective on Collective Civil Proceedings: Reluctance to Follow EU Recommendations?
    Anna Piszcz
  • Procedural Autonomy between EU Law and the Slovenian Law of Civil Procedure
    Ales Galic
  • Autonomy of the Spanish Legislator in the Regulation of Procedural: The Borders of European Case Law
    Jordi Nieva Fenoll
  • Procedural Autonomy in Sweden: Is Materielle Prozessleitung the Answer?
  • Comparative Insights on Procedural Autonomy
    Anna Nylund, Bart Krans