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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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Background Developments: Forms of Procedural Harmonization

Background Developments: Forms of Procedural Harmonization

(p.13) 2 Background Developments: Forms of Procedural Harmonization
Civil Procedure and EU Law

Eva Storskrubb

Oxford University Press

This chapter attempts to give a historic context to the emergence of the policy area by discussing the legal developments within the EU that preceded the development of the policy area of judicial cooperation in civil matters. The case-law of the European Court of Justice regarding national procedural autonomy is presented as one significant historical strand. The substantive regulation of EU consumer law is presented as an example of ad hoc procedural rules that form a parallel historical strand. The regulatory debate concerning procedural harmonization arising from these historic developments is analysed, foreshadowing the issues central to the evaluation of the new policy area of judicial cooperation in civil matters. Among the issues identified are fragmentation, decentralization, and complexity that create a tension with the goal of procedural efficiency.

Keywords:   procedural autonomy, regulatory debate, fragmentation, decentralization, procedural efficiency, European Court of Justice, consumer law

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