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Civil Procedure and EU LawA Policy Area Uncovered$
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Eva Storskrubb

Print publication date: 2008

Print ISBN-13: 9780199533176

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199533176.001.0001

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Conclusion: The Way Forward

Conclusion: The Way Forward

(p.303) 17 Conclusion: The Way Forward
Civil Procedure and EU Law

Eva Storskrubb

Oxford University Press

This final chapter makes tentative suggestions for the way forward in regulating the policy with its legitimacy deficit. The legitimacy deficit is first based on the identified features of decentralization and ensuing potential fragmentation and discrimination in implementation of the policy area measures. The legitimacy deficit is secondly based on the constitutional conundrum concerning the legal basis and the cross-border definition. Thirdly, the legitimacy deficit is occasioned by the adopted negative integration through mutual recognition and the concern that procedural efficiency will trump other important values including due process rights. The conclusion is that the policy area should focus on consolidation and coherence, scrutiny, and open debate regarding the underlying values and broader horizons that entails an awareness of the global multilateral perspective.

Keywords:   legitimacy, constitutional conundrum, legal basis, cross-border, negative integration, mutual recognition, procedural efficiency, due process, globalization

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