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Le droit de la procédure civile de l'Union européenne forme-t-il un ordre procédural ?

Abstract : Even if it is conceded that the European Union law necessarily involves the renewal of traditional and national legal concepts, order can emerge from disorder. As a result, the existence of the civil procedural law of the European Union could be asserted, the legal order of the European Union could move towards a federal model and the concept of being justiciable in the European Union for any issues, individuals or entities could be fully recognized. However, the civil procedural law of the European Union must be integrated taking into consideration the national civil procedures and as a national symbol in connection with sovereignty. In a disorder – where the civil procedural law of the European Union is described as breaking free though remaining under the domination of the member states (and their respective procedures) which look forward to the development of a procedural system while wishing to remain in control – , ce¬rtainties have not been challenged to confirm but also to prove the possible implementation of a procedural order for the European Union. Although the procedural system of the civil procedural law of the European Union is unachieved, such system is not meant to be developed on the basis of the classic model. On the other hand, the civil procedural law of the European Union is meant to take part in the construction of the European judicial area where national civil procedures are being reshuffled. Thus, without denying its procedural aspects, the European Union’s civil procedural law only seems to take shape field which provides a renewed procedural order to the European Union.
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Marie-Cécile Lasserre. Le droit de la procédure civile de l'Union européenne forme-t-il un ordre procédural ?. Droit. Université Nice Sophia Antipolis, 2013. Français. ⟨NNT : 2013NICE0024⟩. ⟨tel-00934072⟩

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