Description
This book examines how various methods of digital communication have entered the domain of EU Civil Procedure, with a primary focus on the service of documents, electronic submissions, the taking of evidence, and videoconferencing. It offers a comprehensive overview of legal issues surrounding the use of digital technology in the aforementioned areas and draws insight from the national legal doctrines of 15 EU Member States and select candidate countries. On the one hand, the research employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. On the other hand, the book addresses open issues at the EU (supranational) level. The research is rooted in the observation that a paradigm shift from traditional to digital means of communication between courts and other judicial partakers is currently taking place. This shift is manifested through a variety of technologies and affects a wide legal landscape. The EU is heralding the incorporation of these developments in its latest legislation on cross-border disputes. The research deals with analyzing both existing (digital and traditional) and prospective means of communication in national and cross-border disputes. The book identifies problems in the national and EU legal frameworks and provide potential solutions for tackling these problems in the current or assess prospects for future developments.
Part I Initial Remarks.- Digital Communication in EU Civil Procedure: A General Overview.- Part II Service of documents.- Right to be Heard starts with Proper Service of Documents.- Different Types of Service Methods in EU Member States.- Service of the Document Instituting Proceedings Under Regulation 2020/1784 in the Light of the European Rules of Civil Procedure.- But When Is an Address Considered Unknown? Service of Judicial Documents When the Registered and Actual Addresses of Individuals Do Not Match.- Legal Remedies Relating to the EU Service Regulation.- National Legislative Perspectives for Efficient Service of Documents in Judicial Proceedings.- Part III Taking of Evidence.- Free assessment of Evidence in the Digital Era: Authenticity of Evidence and Typology of risks.- Categorisation of electronic evidence among the means of proof in civil procedure.- The admissibility of illegally obtained electronic evidence in national and cross-border proceedings.- Stairway to Heaven Direct Requests for Disclosure of Data from Social Network Clouds in Criminal and Civil Matters.- Part IV Videoconferencing.- Videoconference in Civil Proceedings: (When) Should it be Conducted?.- Videoconference in Civil Proceedings: (How) Should it be Conducted?.- Videoconference in Civil Proceedings: Assessment of Psychological Aspects.- Part V Electronic Form and Submissions.- Legal Framework for e-Form in Civil Matters: E-Identification and e-Signature/e-Seal.- Electronic Submissions in Enforcement Proceedings.- Part VI Other considerations.- State-of-the-art of Portuguese Courts digitalisation and an overview of practitioners understanding of courts digitalisation in EU jurisdictions.- Civil and Commercial Matters in EU Private International Law: One notion to bind them all?.
Prof. dr. dr. h. c. mult. Vesna Rijavec is a Full Professor and Vice-Dean at the University of Maribor, Faculty of Law, Slovenia. Formerly a civil judge, she specializes in civil procedure, succession and private international law. She has been a visiting professor at prestigious institutions, including the universities of Tokyo, Hamburg, and Vienna, and holds honorary doctorates from Uppsala University and the University of Graz. A distinguished researcher, Professor Rijavec has coordinated multiple EU-funded projects within European Civil Procedure. Currently, she serves as President of the Ljubljana Arbitration Centre at the Chambers of Commerce and Chief Editor of Medicine, Law, and Society, frequently publishing authoritative publications with international publishing houses including Springer, Kluwer, and Nomos.
Prof. Wendy Kennett holds a Chair in the School of Law and Politics at Cardiff University, United Kingdom. A leading expert in comparative law and European civil procedure, her research focuses extensively on the enforcement of judgments and debt recovery across European jurisdictions. Professor Kennett has contributed to UK legal reform, notably serving as Chair of the Bailiff Law Reform Group. She is a widely published author and researcher, contributing to international projects on cross-border litigation and evidence, including the ELI/UNIDROIT project to elaborate European Rules of Civil Procedure. Her scholarly work includes major monographs and articles for prestigious journals and international publishing houses.
Dr. Denis Baghrizabehi is an Assistant Professor at the University of Maribor, Faculty of Law, where he specializes in civil procedure and private international law. His research focuses on the intersection of European procedural standards and national enforcement systems. He has been deeply involved in several high-profile EU-funded research projects concerning the cross-border enforcement of civil claims and the digitalisation of justice. A regular contributor to international legal scholarship, he has authored or co-authored a number of visible scientific articles and chapters in his research areas.
Prof. dr. Tja a Ivanc is a full Professor at the University of Maribor, Faculty of Law, Slovenia, where she teaches Civil procedure, European civil procedure and Civil enforcement law. Her research focuses on European civil procedural law, cross-border enforcement of judgments, digitalisation of civil justice, electronic evidence, and the interaction between EU instruments and national procedural systems, with particular emphasis on the impact of digital technologies on fundamental procedural guarantees. She has coordinated and co-coordinated several EU-funded research projects in the field of judicial cooperation in civil matters and acts as an expert in international research initiatives and judicial training programmes. She is the author and co-author of numerous monographs and book chapters published by leading international publishers including Springer, Intersentia, Kluwer, and Nomos.
Prof. dr. Tomaz Kereste is a Full Professor and currently serves as the Dean of the University of Maribor, Faculty of Law. His primary research and teaching interests encompass theory of law, legal philosophy, arbitration law and private international law, with a specialized focus on European judicial cooperation. Professor Kereste has participated in numerous national and international research initiatives, including EU-funded projects on cross-border litigation and enforcement. He is a member of several professional legal bodies and has authored a significant body of academic work published by renowned international houses. His expertise is frequently sought in the development of national legislation and comparative legal studies.
