Enforcement of Private Law: The Missing Link in the Process of European Harmonisation

Abstract

Civil procedure is a key element of any system of private law. Nevertheless in the European Union harmonisation of private law is dominated by directives concerning substantive rules while coordination of national procedural standards is lacking. Therefore significant differences in direct and indirect costs of judicial remedies remain throughout the internal market and are weakening the four freedoms. Because an escape to private arbitration is unwanted the projects to harmonise procedural standards in the field of private law should be pushed forward. Conventions on international rules of civil procedure, fragmented pieces of procedural 'directification' and the smoothening of technical problems is not enough. European Principles of Civil Procedure should be prepared as an option for individuals, courts and legislators and should in the first line be applied by a future European Union Court specialised in private law matters.