| Abstract [eng] |
Fair Trial of a Civil Case as a Goal of Civil Procedure Saulius Bareika The master's thesis analyzes the current situation of the principles of civil procedure in the European Union in the context of regulation at the European Union, the case law of the Court of Justice of the European Union, discusses the way to harmonize civil procedure in the European Union, based on existing problems an essential step in establishing common principles for the European Union's civil procedure. The currently existing measures of harmonization of the European Union's civil procedure are mainly aimed at solving specific problems existing in the cross-border process and optimizing the process. While some of these measures are indeed effective, many remain unused and do not provide a clear and coherent framework due to the large number of acts adopted so far, the variety of legal forms and the specific regulation. The main recent initiatives to achieve such harmonization - the Common Minimum Standards in Civil Procedure and the ELI / UNIDROIT Model European Rules of Civil Procedure - provide an essential basis for achieving substantial harmonization. A comparative analysis of these initiatives reveals different starting points for the creation of a single European Union legal area in civil proceedings. The Common Minimum Standards in Civil Procedure provide an instrumental-functional approach to optimize and facilitate international cooperation, and the basic principles of civil procedure set out in a single act have the potential to contribute to the lack of a common framework for fragmented regulation to date. The ELI / UNIDROIT Model Rules of Civil Procedure in turn provide a highly comprehensive and systematic model of civil procedure, which is likely and desirable to set a precedent for many civil procedure reforms in Europe in the future and thus contribute to spontaneous and voluntary harmonization. |
