Presentation 50th Anniversary of European Civil Procedure
Jos Hoevenaars was interviewed for the Dutch magazine for the legal profession ‘Het Advocatenblad’ about his insight into the experiences of lawyers who find themselves litigating before the European Court of Justice after their case is referred though a reference for a preliminary ruling. In the interview (freely translated: ‘Court of Justice? Experience Needed!’) he discusses his empirical research among Dutch lawyers and paints a picture of generally overwhelmed professionals scrambling for assistance among EU law scholars, while making the best of their opportunity to plead before the ECJ, often in opposition to a group of well-trained EU law experts appearing on behalf of intervening Member States. His work on the reference procedure highlight the inequality in representation before the ECJ and its potential negative impact on the Court’s caselaw and its national consequences.
Published: September 29, 2018
On 28 September, Xandra Kramer gave a presentation at conference hosted by the European Court of Justice and the MPI Luxembourg celebrating the 50th anniversary of the European Law of Civil Procedure in Luxembourg, entitled 'The application of the European law of civil procedure in the dialogue between the CJEU and national courts.' She discussed the multi-regulation and multi-methodology of European civil procedure and the impact on the application by national courts and the dialogue between the CJEU and national courts as institutionalized by the preliminary reference procedure on the basis of statistics on the area of freedom, security and justice, and civil matters in particular. These show the huge differences between the Member States. For example, Germany alone referred more cases to the CJEU than did the nineteen Member States with the combined lowest rates. She gave recommendations on how the the dialogue can be improved.