The Future of Harmonization of Civil Procedure in Europe
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: October 8, 2018
On 4 October, Xandra Kramer gave a presentation on the future of the harmonization of civil procedure in Europe at the European Civil Procedure Conference in Milan. She discussed the overriding aims of EU Civil Justice (improving access to justice), the dangers of the multi-regulatory system, the interaction between national and European civil procedure, ongoing harmonization project (including the ELI-Unidroit Rulesl of European Civil Procedure), and the big challenges in the harmonization of civil procedure in Europe, including the question of how far Europeanization can and should go.