Towards ELI-Unidroit Model Rules of Civil Procedure: Basic Premises and Challenges

10 Pages Posted: 24 Aug 2016  

Xandra E. Kramer

Erasmus University Rotterdam (EUR), Erasmus School of Law; Utrecht University School of Law

Date Written: April 19, 2016

Abstract

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

Kramer, Xandra E., Towards ELI-Unidroit Model Rules of Civil Procedure: Basic Premises and Challenges (April 19, 2016). Available at SSRN: https://ssrn.com/abstract=2828148 or http://dx.doi.org/10.2139/ssrn.2828148

Xandra E. Kramer (Contact Author)

Erasmus University Rotterdam (EUR), Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Utrecht University School of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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