Civil Procedure Harmonization in the EU: Unravelling the Policy Considerations

Abstract

This article examines the role and significance of the fundamental right of access to justice in the EU (Article 47 CFREU) in the context of the fragmentation of EU law, as evidenced in the area of civil procedure law. As member states’ procedural regimes are considerably divergent, EU institutions intervene, more and more often, to ensure EU law is effectively enforced in an equivalent manner across the EU. This work thus addresses a preliminary question: when should EU institutions provide civil procedure rules that promote effective dispute resolution and enforcement of EU law? In other words, which are the policy parameters that render such a proactive stance on the part of the EU institutions both desirable and feasible? EU institutions will have to answer this question for every legislative proposal in the area of civil justice. Therefore, this article only offers the broad lines along which such in concreto justification for legislative action in civil justice will have to take place. It is argued that EU institutions should take into account the various cultural, economic, social, and historical implications of civil procedure law in order to achieve a coherent approach. Against this background, the fundamental right to effective remedy and fair trial should tie all policy parameters together.