The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been created or proposed including the creation of a judicial network and judicial training structures. This book offers a detailed analysis of the EU's activity in proc ... More

The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been created or proposed including the creation of a judicial network and judicial training structures. This book offers a detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law, and European law. It situates the development of the policy area called judicial cooperation in civil matters and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity, and governance. It provides detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed as well as the introduction of the principle of mutual recognition. The book concludes with comparative analysis of the EU's approach with broader international efforts for procedural harmonization.