Harmonized Rules and Minimum Standards in the European Law of Civil Procedure

15-06-2016

Since 1999, the European Union has gained considerable experience in harmonizing procedural law. The regulatory approaches range from the coordination of national procedures to the enactment of self standing procedures. However, the practical impact of the European instruments is still disappointing. In this respect, the European lawmaker should not only focus on rules, minimum standards and self standing procedures, but also regard the judicial systems of the EU member states. Implementing legislation of Member States is an important tool to improve the practical impact of the EU instruments. In addition, legislative approaches should be based on clear concept and aim to pursue clear objectives. In this respect, the concept of “procedural minimum standards” still deserves further clarification.

Since 1999, the European Union has gained considerable experience in harmonizing procedural law. The regulatory approaches range from the coordination of national procedures to the enactment of self standing procedures. However, the practical impact of the European instruments is still disappointing. In this respect, the European lawmaker should not only focus on rules, minimum standards and self standing procedures, but also regard the judicial systems of the EU member states. Implementing legislation of Member States is an important tool to improve the practical impact of the EU instruments. In addition, legislative approaches should be based on clear concept and aim to pursue clear objectives. In this respect, the concept of “procedural minimum standards” still deserves further clarification.