Taruffo, Michele --- "Harmonizing Civil Litigation in Europe?" [2008] ELECD 190; in Cafaggi, Fabrizio; Muir Watt, Horatia (eds), "Making European Private Law" (Edward Elgar Publishing, 2008)

Book Title: Making European Private Law

Editor(s): Cafaggi, Fabrizio; Muir Watt, Horatia

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201980

Section: Chapter 3

Section Title: Harmonizing Civil Litigation in Europe?

Author(s): Taruffo, Michele

Number of pages: 18

Extract:

3. Harmonizing civil litigation in Europe?
Michele Taruffo

1. INTRODUCTION
One of the most important issues that is emerging in the context of European
harmonization is whether it is possible, and then whether it is useful, to try to
figure out and enact a common system of procedural regulations. The reason
why this issue is emerging is rather obvious: as long as things are proceeding
in the sense of building up a common core of substantive private rules, it is
almost intuitive to think of a possible common core of procedural rules for
civil litigation. It may appear, actually, that using the same kind of procedural
devices may be a relevant factor for the harmonization of a uniform European
private law at the level of the enforcement. On closer scrutiny, however, things
are much more complex that this, and the problem of a common procedural
core deserves deeper and more accurate consideration.
First of all, and at a very general level, one might think that although proce-
dure is essential for the enforcement of substantive rules, this does not imply
that `the same procedure' is required in order to have a consistent application
of such rules in different national jurisdictions. For instance, the same rules
concerning a specific contract that is used in different national contexts may
or may not be interpreted and applied in the same way independently of the
kind of procedural rules that are applied by different national courts. In this
sense, harmonizing the substantive rules, and ...