Civil & Procedural Law

Although procedural law, both in court and out of court, has traditionally been the responsibility of the Member States, the European Union has incorporated increasingly large segments of this area of the law in its Directives and Regulations, and this trend is expected to continue. Very often these efforts are linked to the EU’s efforts to realise the Single Market.

However, the influence of European legislation on national procedural regulations is also visible in areas that, at first glance, are only marginally—if at all—related to procedural law. Thus, Directive 2004/113/EC, which ensures equal treatment of men and women, reverses the burden of proof for large areas of civil law and gives interest groups an as yet not concretely defined possibility to participate in legal procedures.