Civil Justice System Competition in the European Union : The Great Race of Courts / Erlis Themeli.

Format:

Book

Author/Creator:

Themeli, Erlis, 1983- author.

Language:

English

Subjects (All):

Arbitration agreements, Commercial.

Civil law--European Union countries.

Civil law.

Commercial law--European Union countries.

Commercial law.

Justice, Administration of.

Justice, Administration of--European Union countries.

Physical Description:

1 online resource (370 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven International Publishing, [2018]

Summary:

This book examines the competitive dynamics among civil justice systems in the European Union, with a focus on cross-border commercial litigation. It explores how EU Member States promote their courts as optimal venues for resolving disputes, influenced by factors such as Brexit and regulatory frameworks. Employing a theoretical and empirical approach, the work highlights motivations of governments, litigants, and lawyers, supported by a survey of legal professionals in Europe. It contributes to academic and practical debates, addressing issues of jurisdictional competition, choice of law, and harmonization. The book is valuable for policymakers, academics, and legal practitioners interested in the intersection of law, governance, and international commerce. Generated by AI.

Contents:

Intro

PREFACE

Table of Contents

Chapter 1 Introduction

1.1 Around Europe in search of a court

1.2 Defining the competition of civil justice systems

1.3 Scope and relevance

1.4 Methodology

1.5 Outline

Chapter 2 Competition, regulatory competition, and choice-making

2.1 Competition

2.2 Regulatory competition in different fields of law

2.3 Competition of jurisdictions: consequences for the quality of law

2.4 The choice making process

2.5 Assessment steps for the competition of civil justice systems

2.6 Conclusions

Chapter 3 Freedom of choice, harmonisation, and the competition of jurisdictions in the EU

3.1 Choice of court in the Brussels I (recast) Regulation and the civil justice system competition

3.2 Choice of law in the EU

3.3 Harmonisation and competition of civil justice systems

3.4 Conclusions

Chapter 4 Civil justice systems competition in the EU

4.1 Civil justice systems and competition: creating a market

4.2 Civil justice systems as a good

4.3 Lawyers and companies: the demand side of the civil justice system competition

4.4 Governments and courts: the supply side of the civil justice system competition

4.5 The process of court adjudication competition

4.6 Conclusions

Chapter 5 An empirical overview of the civil justice system competition in the EU

5.1 The role of the EU in promoting an effective and competitive civil justice

5.2 Overview of competition activities in Member States

5.3 A survey on the choice of court in the European Union

5.4 Conclusions

Chapter 6 Conclusions

6.1 A study on the competition of civil justice systems in the EU

6.2 General overview of regulatory competition

6.3 Legal bases and relation to harmonisation

6.4 Theoretical analysis of the civil justice system competition in EU.

6.5 An empirical approach to the civil justice system competition

6.6 Final remarks and further research

List of cases

Bibliography.

Notes:

Includes bibliographical references.

Description based on print version record.

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on publisher supplied metadata and other sources.

ISBN:

9789462748385

9462748381

OCLC:

1124608984