A Dutch Perspective on Civil Litigation and Its Harmonisation

Abstract

This chapter addresses the challenges of the globalisation of civil litigation from a Dutch perspective. It is submitted that for national governments it is inevitable to deliberate on harmonisation. Countries face similar problems and challenges in national civil justice and in the increasing number of cross-border disputes. If governments do not think about harmonisation, others will, in particular the European Commission. National legislators respond in different ways to European intervention depending on whether or not they already have a solution for the specific problem, are working on a solution at that moment or have recently done so. Simultaneous legislative activities create specific challenges, such as in the area of collective redress where both the national legislator and the EU are active at the moment. When faced with the choice between a sectoral approach or a general approach, the Dutch legislator usually prefers a general approach. Furthermore, the Dutch approach to cutting the costs and burden of litigation for citizens and for governments and mass claims are addressed, for which harmonisation at the European level may be considered. In a globalising world the interaction between national and international activity is not just a choice, it is a fact of life. Governments should find their own strategy and vision to deal with it.