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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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Institutional and Structural Characteristics

Institutional and Structural Characteristics

(p.47) 4 Institutional and Structural Characteristics
Civil Procedure and EU Law

Eva Storskrubb

Oxford University Press

This chapter describes the particular institutional and structural rules of the policy area of judicial cooperation in civil matters and the consequences thereof. As a consequence of the placement of the policy area in Title IV of the EC Treaty, the legislative process differed from the Community method until 2003 wherefore the European Parliament has participated less. In addition, the jurisdiction of the European Court of Justice still differs from the normal institutional rules. The flexible nature of Member State participation in the policy area, including the opt-out rules for Denmark as well as the UK and Ireland, is also described. The chapter concludes with an analysis of the effect that the development of the policy area of judicial cooperation in civil matters has had on the external competence of the EU in the field of international procedural cooperation.

Keywords:   institutional, structural, legislative process, jurisdiction of the ECJ, participation, European Parliament, flexibility, opt-out, external competence

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