engleski

Reforming Mediterranean Civil Procedure: Is there a Need for Shock Therapy?

The paper starts with the submission that the developments in the past several decades have contributed to the fact that the countries of Continental Europe – at least in respect to the real functioning of their judiciaries – do not any more form a uniform group of "Civl Law" countries which can, by its common features, be contrasted to some other group of ("Common Law") countries. Analysing the request in the Art Art. 69d p. 2(f) of the Lisbon Treaty that requires "eliminating obstacles to proper functioning of civil proceedings", it is stated that two groups of countries, based on the criterion of ‘ properly functioning’ may be distinguished - the group of Northern and Mediterranean countries. After presenting the main features of Mediterranean civil procedure, eleven steps of a "shock therapy" for the civil proceedings in South and South-Eastern European countries are presented.

civil procedure, reform, shock therapy

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