Foundations of Institutes and Postulates of the International Civil Procedural Law of the European Union Cover Image

Osnovi instituta i postulata međunarodnog građanskog procesnog prava
Foundations of Institutes and Postulates of the International Civil Procedural Law of the European Union

Author(s): Darko Soldat, Irma Zulić
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: Procedural law; International jurisdiction; Recognition and enforcement of decisions

Summary/Abstract: The European Union (EU) is recognized as a supranational body in which the harmonization of civil proceedings has reached an advanced stage: due to the fact that the common (basic) principles related to procedural law make an integral part of the common market, the debate on the harmonization of procedural law in Europe has been going on for over several decades. Although there is still no European code of civil procedure in place, and given that the "official" harmonization of international civil proceedings at the legislative level is still in its infancy, it is still feasible to speak of the European International Civil Procedural Law, at least in terms of the common core of unique procedural principles recognized by all Member States and EU institutions. Through the use of general and specific methods of social and legal sciences, this article explains the benchmarks of the key institutions and postulates of international civil procedural law of the European Union, leading to the conclusion that it is an emerging legal system that will soon need to be addressed by BiH law-makers.

  • Issue Year: 2013
  • Issue No: 1
  • Page Range: 17-33
  • Page Count: 17
  • Language: Bosnian