Rule of Law Violations in the EU as a Challenge for Civil Procedure Law

Gascón Inchausti/Oteiza (eds.), Challenges of Procedural Law for a New Generation

36 Pages Posted: 18 Mar 2024

See all articles by Felix M. Wilke

Felix M. Wilke

University of Bayreuth - Faculty of Law, Business and Economics

Date Written: January 24, 2024

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.

Keywords: rule of law, mutual trust, judicial cooperation, European Union, Brussels Ibis Regulation, international civil procedure, parallel proceedings, human rights, judicial independence, reverse Solange, horizontal Solange

Suggested Citation

Wilke, Felix M., Rule of Law Violations in the EU as a Challenge for Civil Procedure Law (January 24, 2024). Gascón Inchausti/Oteiza (eds.), Challenges of Procedural Law for a New Generation, Available at SSRN: https://ssrn.com/abstract=4731147 or http://dx.doi.org/10.2139/ssrn.4731147

Felix M. Wilke (Contact Author)

University of Bayreuth - Faculty of Law, Business and Economics ( email )

Universitätsstraße 30
Bayreuth, 95447
Germany

HOME PAGE: http://https://www.zivilrecht4.uni-bayreuth.de/de/team/wilke-felix/index.php#tabPublikationen

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
50
Abstract Views
122
PlumX Metrics