Jump to ContentJump to Main Navigation
Civil Procedure and EU LawA Policy Area Uncovered$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 25 April 2018

Institutional and Structural Characteristics

Institutional and Structural Characteristics

Chapter:
(p.47) 4 Institutional and Structural Characteristics
Source:
Civil Procedure and EU Law
Author(s):

Eva Storskrubb

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199533176.003.0004

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .