Search results for ""Author Anna Nylund""
Springer Nature Switzerland AG Rethinking Nordic Courts
Book SynopsisThis open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.Table of Contents
£34.99
Intersentia Ltd Procedural Autonomy Across Europe
Book SynopsisThis book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.Table of ContentsTable of Contents and preliminary matter (p. 0) Aspects of Procedural Autonomy (p. 1) Procedural Autonomy and Belgian Civil Procedure Law: A Turbulent Cohabitation (p. 13) The English Approach to Procedural Autonomy (p. 37) The Finnish Way of Understanding Procedural Autonomy: A Practical Approach to Implementing EU Civil Procedural Law (p. 57) A German Perspective on the Waning Procedural Autonomy in Civil Matters: Who is Afraid of European Civil Procedure? (p. 81) Procedural Autonomy in the Netherlands: A Fading Relic? (p. 101) Procedural Autonomy, the EEA Agreement and Norwegian Law: The Art of Bridging a Gap and Maintaining it Too (p. 119) A Polish Perspective on Collective Civil Proceedings: Reluctance to Follow EU Recommendations? (p. 139) Procedural Autonomy between EU Law and the Slovenian Law of Civil Procedure (p. 165) Autonomy of the Spanish Legislator in the Regulation of Procedural: The Borders of European Case Law (p. 183) Procedural Autonomy in Sweden: Is Materielle Prozessleitung the Answer? (p. 203) Comparative Insights on Procedural Autonomy (p. 227)
£75.05
Intersentia Ltd Contractualisation of Civil Litigation
Book SynopsisProcedural agreements constitute a nebulous concept situated at the intersection of civil procedure law and private law, between the public sphere of the formal justice system and the private sphere of contract law. This book employs a broad definition of procedural contracts: what matters is not the legal categorisations but the procedural effects of the contract or agreement. While procedural agreements were earlier rejected with few exceptions, notably choice-of-court and arbitration agreements, a shift towards more permissive views has occurred in recent years. Based on reports covering 20 jurisdictions in the Americas, Asia, and Europe, this book examines procedural contracts, the variation in the extent to which they are given procedural effects, the types of issues that the parties are allowed to agree on, the limits of such agreements, and the manifest and tacit arguments for and against them. The special national reports discuss the legal framework of such contracts, be it statutory law, case law or general principles of law, and how procedural contracts are understood in legal doctrine. Many of them address the issue of whether there is a gap between the general, often restrictive, attitude towards procedural agreements and legal practice that recognises, at least some, procedural contracts beyond jurisdiction and arbitration clauses.Common types of procedural contracts, specifically, jurisdictions agreements, agreements on mediation, interim measures, the form of proceedings, costs, and appeals, are examined. Moreover, this book also discusses agreements relating to evidence, such as the burden and the standard of proof, access to evidence and the appointment of experts. Some of the reports identify additional types of procedural agreements. The special national reports shed light on the limits to procedural agreements, particularly those aiming to protect weaker parties, such as consumers and tenants, and third-party and public interests, and those posed by constitutional principles, notably access to court and fair trial rights. The rapporteurs also assess whether and how attitudes and practices related to procedural agreements are shifting.In addition to a comparative overview, the general report traces the nexus between the underlying civil procedure system, the beliefs it is embedded within, the arguments used to support or oppose such agreements, and the rules and practices regarding procedural agreements. The links between the contractualisation of civil proceedings and the related phenomena of ? consensualisation? , flexibilisation and fragmentation are also explored.ANNA NYLUND (LL.D, University of Helsinki, Finland) is Professor of Law in the Faculty of Law at the University of Bergen, Norway and Co-Chair of the research group for civil procedure and dispute resolution. She is the Chair of the Nordic Association of Procedural Law and a member of, inter alia, the Norwegian Academy of Science and Letters, the International Academy of Comparative Law, the International Association of Procedural Law and the European Association of Private International Law. Her main research areas are European and comparative civil procedure, alternative dispute resolution and children? s rights. ANTONIO CABRAL is Professor of Law at the University of Rio de Janeiro State, Brazil and Co-Director of the Center for German and Comparative Legal Studies. He has a Masters in Law and Doctorate and Masters degrees from the University of Rio de Janeiro State, as well as a Habilitation degree (? Livre docê ncia? ) from the Sã o Paulo State University. He is a Post-Doctoral Researcher at the University of Paris I (Panthé on-Sorbonne), France, Vice-President of the International Association of Procedural Law and Director of the Brazilian Institute of Procedural Law. Antonio Cabral is also a member of the Scientific Association for International Procedural Law (Wissenschaftliche Vereinigung fü r Internationales Verf
£999.99
Intersentia Ltd The European Union and National Civil Procedure
Book SynopsisA book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States.
£49.40
Intersentia Ltd Civil Procedure and Harmonisation of Law: The
Book SynopsisA range of international and European Union legal instruments exert influence on the national civil procedure rules of European Union member states. Some specifically aim for the harmonisation of national procedural law across Europe, while others primarily focus on facilitating cross-border litigation, enforcing rights or setting minimum standards. However, often the same time instruments cause fragmentation, reduce coherence and challenge prevailing concepts and doctrines of national civil procedure law.With a view to carefully selected North Western jurisdiction (EU and EEA member states) this book explores how EU, EEA, and international legislation, judicial activism on EU and national level, and new soft law instruments affect national civil procedure law and how, in turn, national rules may impact the development of international instruments. How are the respective countries affected by a particular (EU) regulation? Has the regulation generated changes of the national law? Are European rules, or national rules following from them, applied in court practice? Are there differences in the approach towards implementation and application of EU law, and if so why and with what consequences? Do international influences serve as an impetus for national reforms, or are they implemented mechanically? Do hard law approaches produce more harmonisation or convergence than soft law approaches?
£75.05
