Abstract
AbstractIn this contribution I put forward the argument that (1) the application of the adjudicative principle of ‘procedural autonomy’ leads to the creation of a European judge-made procedural law. Further, this procedural law exhibits (2) a potentially problematic trans-substantive tendency, as well as (3) a conceptual difficulty as it is applied regardless of a procedural/substance distinction, exemplified, for example, in its treatment of damages. There is therefore the need for a mechanism of differentiation in the application of the principle of ‘procedural autonomy’, which at the same time articulates procedural justice concerns.KeywordsProcedural JusticeNational RuleProcedural FairnessProcedural RuleProcedural TheoryThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
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