Towards ELI-Unidroit Model Rules of Civil Procedure: Basic Premises and Challenges
10 Pages Posted: 24 Aug 2016
Date Written: April 19, 2016
At the end of 2013, the joint work of the European Law Institute (ELI) and Unidroit to create European Rules of Civil Procedure was initiated.This ambitious soft law project builds on the American Law Institute (ALI)-Unidroit Principles on Transnational Civil Procedure that were adopted in 2004. Taking into account the binding EU acquis and pertinent sources of EU law and common traditions in Europe it aims to provide a set of rules to be used by the European legal community.
This working paper presents the current state of affairs in the European harmonisation of civil procedure sketching the legal and political context in which the project takes place, and outlines the basic premises of the ELI-Unidroit project and highlights some of the major challenges. It was presented at the Bay Area Civil Procedure Forum (Hastings, April 2016).
Keywords: civil procedure, ELI/Unidroit Rules of Civil Procedure, EU civil justice, harmonisation, soft law
JEL Classification: K19, K20, K33, K40, K41
Suggested Citation: Suggested Citation