Procedural Autonomy in Sweden: Is Materielle Prozessleitung the Answer?

Ghavanini, Anna Wallerman

doi:10.1017/9781780689951.012

Procedural Autonomy Across Europe 2020

DOI: 10.1017/9781780689951.012

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Procedural Autonomy in Sweden: Is Materielle Prozessleitung the Answer?

Anna Wallerman Ghavanini¹

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2021

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The Past, Present and Future of Nordic Courts

Nylund

2021

Ius Gentium: Comparative Perspectives on Law and Justice

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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.

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The Past, Present and Future of Nordic Courts

Nylund

2021

Ius Gentium: Comparative Perspectives on Law and Justice

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

Nylund

2021

Ius Gentium: Comparative Perspectives on Law and Justice

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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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Procedural Autonomy in Sweden: Is Materielle Prozessleitung the Answer?

Cited by 2 publications

References 0 publications

The Past, Present and Future of Nordic Courts

The Past, Present and Future of Nordic Courts

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

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