This volume contains Model European Rules of Civil Procedure, the outcome of the joint European Law Institute (ELI) and International Institute for the Unification of Private Law (UNIDROIT) project which ran from 2014 to 2020. The Rules were elaborated upon by ten Working Groups with leading experts in civil procedure law (academics, judges and practitioners) from over 16 countries, under the leadership of the Steering Committee.
ELI and UNIDROIT aimed at adapting the Principles of Transnational Civil Procedure published by the American Law Institute and UNIDROIT in 2004, to a European perspective in order to develop Model European Rules of Civil Procedure. The goal of the work was to reduce uncertainty for parties litigating in unfamiliar surroundings and to promote fairness in judicial proceedings.
The two organisations worked together to elaborate Rules that could constitute a frame of reference for policy makers at both European and national levels. Most importantly, the Team succeeded in striking a balance between the generality and specificity of the Rules, ensuring that they are general enough to be acceptable to all European States, but at the same time specific enough to promote common standards that allow an increase of mutual trust.
The ELI Council and the ELI Membership approved the ELI-UNIDROIT Model European Rules of Civil Procedure on 15 July and 5 August 2020, respectively, and the UNIDROIT Governing Council approved them at its meeting of 23–25 September 2020.
The Rules, prepared in English and French, have the potential to influence European civil procedure law and have long been eagerly awaited by key decision-making organisations, such as the European Parliament. With these Model Rules, the ELI and UNIDROIT present a model law ready to be further discussed at EU level and adapted by national legislators, with a view to facilitating and enhancing judicial cooperation and access to justice in Europe. The organisations are also pleased to announce that translations of the Rules are being prepared in various languages, including Chinese, German, Russian, Spanish and Ukrainian.
ELI and UNIDROIT wish to express their gratitude to the Members of the Steering Committee, Reporters, Members of the ten Working Groups and Members of the Advisory and Membership Consultative Committees as well as to Observers of this joint ELI and UNIDROIT project. Their commitment to this ambitious project and excellent work over a long period of time has culminated in a result of which all those involved, as well as the wider ELI and UNIDROIT communities, can be very proud.
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