Ex Officio Application of EU Consumer Protection Law in Norwegian Courts

Ius Gentium: Comparative Perspectives on Law and Justice

2021

Based on the insights from the previous chapters in this volume, this concluding chapter discusses key traits of Nordic courts: colloquial legal language, generalist judges, ‘unrefined’ and fragmentary laws, high trust in the state and judges, and corporatism. The development of these traits over time is explored as well as the emergence of new traits that could be labelled ‘Nordic’. It also discusses how two current trends—Europeanisation and privatisation of dispute resolution processes—influence Nordic courts. The question whether a unified Nordic procedural culture still exists is raised. Finally, the future of Nordic courts is discussed.

Section: Changing Role Of Courts: Privatisation and Enforcement Of Policiesmentioning

confidence: 99%

“…Linnanmäki (2021),,Petersen (2021) andAdrian et al (2015).52 Petersen (2021). See also WallermanGhavanini (2020),Andersson (2019),Fredriksen and Strandberg (2019) andEldjarn (2016).…”

mentioning

confidence: 99%

The Past, Present and Future of Nordic Courts

Ius Gentium: Comparative Perspectives on Law and Justice

2021

“…114-116. 67 E.g., Wallerman Ghavanini (2020), Andersson (2019) and Fredriksen and Strandberg (2019). is regulated in Nordic procedural law fulfils these obligations.…”

Section: Transposition Of Case Law Based Civil Procedural Lawmentioning

confidence: 99%

“…70 Wallerman Ghavanini (2020). 71 Wallerman Ghavanini (2020), Andersson (2019), Fredriksen and Strandberg (2019) and Nylund (2019). 72 See also Mäenpää (2016).…”

Section: Transposition Of Case Law Based Civil Procedural Lawmentioning

confidence: 99%

“…77 Steps had already been taken to enact rules on court-connected mediation, and EU law served as an additional argument to propel the reform. Although the Directive only mandates providing court-connected mediation in cross-border cases, Finland-and many 74 Wallerman Ghavanini (2020).See also, e.g., Andersson (2019), Fredriksen and Strandberg (2019), Rudanko (2016) and Savola (2016). 75 Nylund (2020).…”

Section: Lost Opportunities For Developing Nordic Civil Procedures Lawmentioning

confidence: 99%

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Europeanisation of Nordic Civil Procedure: Does the Map Match the Terrain?

Ius Gentium: Comparative Perspectives on Law and Justice

2021

EU law has a tangible influence on the civil procedure law in the Nordic countries. This chapter explores how EU civil procedure law is practised and perceived in the Nordic countries. First, a brief account of the manifold levels and types of EU civil procedure law is given. The extent to which Nordic legal academics, judges and legal counsel make use of and discuss EU civil procedure law is analysed. A key question is whether lawyers appear to have a relatively superficial knowledge of EU law (i.e., they identify only central issues) or whether they have acquired profound skills (i.e., they are able to identify and address complex issues). Third, the transposition of EU hard law and case law into national civil procedure law in the Nordic countries is examined. The Nordic countries generally implement EU hard law diligently, at least formally. Nevertheless, it will be argued that the quality of implementation is sufficient and that case law-based rules are often inadequately transposed. Finally, the consequences of a superficial approach to EU civil procedure law in the Nordic countries are discussed.

Rethinking Nordic Courts: An Introduction

Ius Gentium: Comparative Perspectives on Law and Justice

2021

Europeanisation, globalisation, privatisation, diversification and digitisation are trends that all exert an influence on courts and the justice system. Still, our understanding of the interrelationship between these currents in the legal landscape and national court culture is limited, which in turn impedes our comprehension of the on-going, potentially transformational processes related to courts. Nordic courts and court proceedings are, naturally, influenced by these trends both directly and indirectly, and their reactions to the developments are contingent on the underlying legal culture.