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Out now: Research Methods in Private International Law

The book Research Methods in International Private Law: A Handbook on Regulation, Research and Teaching has been published (Elgar, 2024). It is edited by Xandra Kramer and Laura Carballo Piñeiro. It includes 18 chapters, two of which are authored by other members of the Vici team, Carlota Ucín and Adriani Dori. Carlota’s chapter focuses on conflict of methods in private international law from a legal theory perspective and Adriani’s chapter on the methodological influence of European private international law on domestic legal systems. The book is part of the Handbook in the Research Methods of Law Series of Edward Elgar Publishing. It seeks to provide insights into the different methodological approaches to private international law from a regulatory approach and from a research and educational perspective. The book is divided in three parts focusing on (1) the classification of private international law as private law and its interaction with international public law and regulation; (2) inter- and multi-disciplinary approaches and research methods; and (3) how private international law helps to frame and address the critical debates of our time as well as the role of legal scholarship and education in shaping the future of private international law. The book will be launched and introduced in two webinars in September 2024.

Critical acclaims are available here.

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Published: February 1, 2021

The European Order for Payment Regulation became applicable in 2005 and aims to smoothen cross-border enforcement of debts. After the partial abolition of exequatur in the enforcement rules on parental responsibility in the Brussels II-bis Regulation, it was the first broad instrument to abolish intermediate proceedings for enforcement in civil and commercial matters as far is it concerns an uncontested claim. For that purpose it introduces a number of minimum norms of civil procedure, in particular on the service of documents and information. This instrument was followed by a number of other instruments, including the European order for payment procedure, the Small Claims procedure and the Account preservation order, that advanced the harmonisation of civil procedure and the abolition of exequatur. With the Brussels I-bis Regulation becoming applicable in 2015, the abolition of exequatur with the aim to simplify cross-border enforcement reached its momentum.

Fifteen years after the European Enforcement Order Regulation became applicable it was high time that the Regulation be evaluated. Xandra Kramer acted as national reporter for the Netherlands. In addition, she wrote a response to the public consultation on the request of the European Law Institute (here) and participated to an opinion of the EAPIL (here).

Apart from evaluating the overall functioning in the Member States, the question is also whether it is still a useful instrument considering the enactment of new instruments and the abolition of exequatur under Brussels I-bis. While it is still used in the Netherlands and part of the other Member States, the undesired multiplicity and incoherence of instruments in the area of European civil procedure coupled with the inherent complexity of the present Regulation cast doubt. While it has served its purpose in enhancing access to justice its value in the present European civil justice system is very limited.