Norwegian Civil Procedure Under the Influence of EU Law

Fredriksen, Halvard Haukeland; Strandberg, Magne

doi:10.1007/978-3-319-97358-6_3

Cited by 1 publication

(4 citation statements)

References 10 publications

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“…25 Wilhelmsson (1997). 26 E.g., Nylund (2016Nylund ( , 2020, Nylund and Strandberg (2019b), Šadl and Wallerman (2019), Wallerman (2018Wallerman ( , 2019a, Storskrubb (2018Storskrubb ( , 2019a, Franklin (2018), Fredriksen and Strandberg (2018), Petersen and Schovsbo (2018), Wind (2018), Storskrubb and Wallerman (2017), Lindholm (2017a, b),Hess et al (2016), Petersen (2016), Wallerman (2016a, b) and Linna (2015). 27 Storskrubb (2008).…”

Section: Eu Civil Procedures In Legal Scholarshipmentioning

confidence: 99%

“… Nylund (2016Nylund ( , 2020,Fredriksen and Strandberg (2018) andFredriksen (2008). For Iceland and Norway, the term EU/EEA law, and sometimes EU/EEA/Lugano or EU/EEA/EFTA law would be more accurate than EU law, but for simplicity EU law is used to refer to all categories.5 See, e.g., Fredrisken (2018),Poulsen (2016) andFenger et al (2012).…”

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confidence: 99%

“…For Iceland and Norway, the term EU/EEA law, and sometimes EU/EEA/Lugano or EU/EEA/EFTA law would be more accurate than EU law, but for simplicity EU law is used to refer to all categories.5 See, e.g., Fredrisken (2018),Poulsen (2016) andFenger et al (2012). 6 E.g.,Nylund (2020),Franklin (2018),Fredriksen and Strandberg (2018),Lang (2017),Fredriksen and Franklin (2015),Fredriksen (2010Fredriksen ( , 2012 and Temple Lang (2012). 7Spano (2017) andBjörgvinsson (2014).8 Parliament and Council Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights O.J.…”

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confidence: 99%

“…9 Act relating to mediation and procedure in civil disputes (The Dispute Act) Lov om mekling og rettergang i sivile tvister (tvisteloven) of 17 June 2005 no. 90.10 See, e.g.,Nylund (2020) andFredriksen and Strandberg (2018).…”

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confidence: 99%

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

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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.

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