The impact of secondary legislation on the legal systems of Member States. Jurisprudential aspects and harmonization/integration of European procedural law

Resumo

The present work seeks to highlight the evident "links" between the aims pursued by the European legislator and the methods used, the intensity of the level of approximation and the aspects of European procedural law harmonized through mutual recognition and the principle of effectiveness. The aim is to carry out a discussion on the state of approximation and harmonization of the procedural rules within the European civil judicial area, but also a conclusive analysis on the perspectives of the evolution of the subject, about an overview of the various modalities and tools used in the harmonization process. The possibility of a transition from a strictly sectoral process harmonization model to a structural one will be assessed, by defining, at Union level, a set of fundamental principles by bringing together and examining a wide jurisprudence both by the Court of Justice of the European Union. To determine not only if this is possible in the current approach of the Treaties, but also if such an evolution is desirable and actually achievable. The methodology is based on the ultimate legislative of the EU law and jurisprudence of the CJEU