ELI – Unidroit Model European Rules of Civil Procedure From Transnational Principles to European Rules of Civil Procedure

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

I. - PROJECT HISTORY
II. - ARCHITECTURE AND DEVELOPMENT OF THE PROJECT
III. - PROJECT METHODOLOGY
IV. - MODEL RULES RATHER THAN A COMPLETE CODE
V. - COHERENCE AND CONSISTENCY OF TERMINOLOGY
VI - GENERAL REMARKS ON THE SCOPE OF THE MODEL EUROPEAN RULES OF CIVIL PROCEDURE
VII - THE ACQUIS COMMUNAUTAIRE AND THE RULES
VIII. - MODERN COMMUNICATION AND RECORDING, ARTIFICIAL INTELLIGENCE AND THE RULES

The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations, and provide practical guidance in the field of European legal development. Building on the wealth of diverse legal traditions, its mission is the quest for better law-making in Europe and the enhancement of European legal integration. By its endeavours, the ELI seeks to contribute to the formation of a more vigorous European legal community, integrating the achievements of the various legal cultures, endorsing the value of comparative knowledge, and taking a genuinely pan-European perspective. As such its work covers all branches of the law: substantive and procedural; private and public. The International Institute for the Unification of Private Law (Unidroit) is an independent intergovernmental Organisation based in Rome with 63 member States world-wide. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States and to formulate uniform law instruments (international conventions and model laws, principles and rules, and guides) to achieve those objectives. In its almost 100-year history it has conducted approximately 90 studies, developing numerous instruments advancing uniform law in as diverse fields as civil procedure, contracts, cultural property or security interests and access to finance.