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oa Comparative and International Law Journal of Southern Africa - The South African litigant and European Union rules of civil procedure

Volume 38, Issue 1
  • ISSN : 0010-4051

 

Abstract

The European Union is increasingly active in many fields. One of these is the so-called area of justice, freedom and security. Since it has gained competence over this area, the EU has enacted six regulations. These regulations were drafted from an introspective point of view. Their impact on third states has not been contemplated and remains a grey zone. This article attempts to draw attention to the spheres of application of the EU rules of civil procedure. It focuses mainly on the jurisdictional rules of the Brussels I, II bis and Insolvency Regulations. The civil procedure rules of the Service, Evidence and Enforcement Order Regulations are not discussed because by the nature of their aims (service in the EU, evidence in the EU and enforcement in the EU of EU judgments), their impact on third states is limited. In the last instance, the relations between the EU and the Hague Conference for Private International Law are discussed. The Hague Conference provides a forum for the negotiation of private international law conventions, the topics of their work often corresponding to that of EU legislation, particularly regarding jurisdiction in civil matters. Therefore the Hague Conference influences relations between EU member states and third states (which are also members of the Hague Conference).

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/content/cilsa/38/1/AJA00104051_78
2005-03-01
2016-12-10

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