Burkhard Hess

Fernando Gascon Inchausti

The European lawmaker is currently overseeing what appears to be a paradigm shift in the way that cross-border litigation is conducted within the European Union (EU). This matter was initially conceptualised from the perspective of international judicial cooperation, based on the notion of mutual recognition. Recent developments, however, have introduced the option of harmonisation as a new and complementary approach to consolidating European Civil Justice. It is a controversial decision due to traditional ?procedural autonomy? of the Member States and the domestic reluctance to cede any of it. This book contributes to the current discussions surrounding this European change of tack, identifying progress made as well as limitations encountered.

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