Abstract
The Model European Rules of Civil Procedure of the European Law Institute and
UNIDROIT provide a modern approach to civil procedure which, according to its drafters, may be
qualified as best practice. They take as their starting point the principle of co-operation and case
management, and provide a procedural model that fits the leading political ideas in the European
Union about the role of the state (such as the judiciary). The rules reflect the idea that the state is
there to protect its citizens and that it should make sure that its services (here, the administration
of justice through the state courts) are provided efficiently and proportionately. It is to be expected
that the Model Rules will be embraced by various EU institutions and Member States.
UNIDROIT provide a modern approach to civil procedure which, according to its drafters, may be
qualified as best practice. They take as their starting point the principle of co-operation and case
management, and provide a procedural model that fits the leading political ideas in the European
Union about the role of the state (such as the judiciary). The rules reflect the idea that the state is
there to protect its citizens and that it should make sure that its services (here, the administration
of justice through the state courts) are provided efficiently and proportionately. It is to be expected
that the Model Rules will be embraced by various EU institutions and Member States.
Translated title of the contribution | Case management and co-operation in Europe:: a modern approach to civil litigation |
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Original language | Portuguese |
Pages (from-to) | 157-170 |
Journal | Civil Procedure Review |
Volume | 13 |
Issue number | 2 |
Publication status | Published - 21 Jul 2022 |
Keywords
- principle of co-operation
- case management
- proportionate dispute resolution process