Prethodno priopćenje
https://doi.org/10.32984/gapzh.10.1.13
Principles of EU Law in Civil Procedural Law – Expectations vs Reality
Paula Poretti
; Pravni fakultet Sveučilišta J. J. Strossmayera u Osijeku
Sažetak
In the Croatian legal order, certain human rights standards are deeply embedded in the practice of civil proceedings and are considered as its main part, although they emanate from the European Convention on Human Rights and the EU Charter of Fundamental Rights. Hence, it can be concluded that the process of ‘Europeanization’, whose visibility has become obvious with the growing influence of the EU on the national civil procedure, has been under way for some time. The development of secondary law in the area of judicial co-operation in civil and commercial matters between Member States has been a major contribution to the integration of EU law into national civil litigation in recent years. Additionally, the jurisprudence of the Court of Justice of the EU and the adoption of certain rules into the national system through implementation of certain Directives, which contain such rules in spite of their substantive legal nature have had a significant role as well. Therefore, starting with the Rewe-Comet doctrine of ‘procedural autonomy’ of the Member States, the paper seeks to explore the influence of the process of ‘Europeanization’ on the shaping of certain standards of Croatian civil litigation and whether the desired effect has been achieved. The key question the paper aims to answer is whether the functioning of the civil justice system in Croatia fulfills the preconditions needed for mutual trust and judicial co-operation with other Member States and the protection of fundamental human rights promoted by EU law.
Ključne riječi
civil litigation; Europeanization; Court of Justice of the EU; Directives; secondary law
Hrčak ID:
222982
URI
Datum izdavanja:
18.7.2019.
Posjeta: 3.031 *