European Law and National Organisation of Civil Justice
Professor Anna Nylund is one of the editors of a new book on how EU law influence national civil procedural law and national court systems.
Main content
The book deals with the relationship between European law and the organisation of civil justice in the Member States. It offers a distinctly civil procedure approach to a topic at the intersection of civil procedure, constitutional and EU law.
Although at least lawyers intuitively think they know what a court is and when a decision is judicial (i.e. not administrative), the EU law governing these issues is quite complex. While delegation of judicial tasks to out-of-court bodies and non-judicial court employees is common, it might not fully comply with EU law. The first three chapters of this book discuss these issues. It also interrogates the right to appeals under European law: the right to judicial protection against the judiciary.
The final three chapters offer critical perspectives on judicial independence. Although we might take the requirement for granted, it is not always clear what the multilayered concept entails and how independence can be safeguarded. For instance, inadequate remuneration of judges and the personal liability of judges for the rulings they hand down could undermine judicial independence.
The book, which is published by Nomos, contains contributions by experts in the field: Wolfgang Hau (Ed.) Bart Krans (Ed.) Anna Nylund (Ed.), Ales Galic, Anna W, Ghavanini, Laura van Kessel, Jordi Nieva-Fenoll, Piet Taelman and Jarich Werbrouck.
Read more: https://doi.org/10.5771/9783748916680
