ABSTRACT
In this contribution I address the challenge that the rule of law violations in some EU Member States (in the following: ‘deviant Member States’) pose for civil procedure law. Its existence cannot be denied. At least certain rule of law violations constitute fundamental rights violations. This casts considerable doubts on the idea of mutual trust that underlies judicial cooperation in civil and commercial matters in the EU. Yet I argue that the challenge ultimately must be rejected to a great extent. Civil procedure is, under present circumstances, mostly the wrong place to address the serious rule of law concerns. It is also not in need of sweeping modifications – by and large, its conventional mechanisms suffice. I do, however, suggest some adjustments and particularities.
Wilke, Felix M, Rule of Law Violations in the EU as a Challenge for Civil Procedure Law (January 24, 2024), in Gascón Inchausti/Oteiza (eds), Challenges of Procedural Law for a New Generation.
Leave a Reply