Download This PaperThe ELI-Unidroit Model European Rules of Civil Procedure: Key Features and Prospects of Costs and Funding of Collective Redress
in: S. Amrani-Mekki & T. Clay (eds.), Mélanges en l’honneur du Professeur Loïc Cadiet, LexisNexis 2023, p. 823-835
10 Pages Posted: 27 Feb 2024
Date Written: August 30, 2023
Abstract
The harmonization of European civil procedure has made substantial progress over the past twenty years. The ELI-Unidroit Model European Rules of Civil Procedure (ERCP), adopted in 2020, provide an encompassing set of rules that serve as a model for better law making. This paper discusses key principles of the ERCP and zooms in on the model rules on collective redress, costs and funding. It concludes that the ERCP is a source of inspiration to national and regional legislators, legal practice, and follow-up projects. While some rules in the ERCP are subject to criticism, the extensive rules on collective proceedings are a useful starting point for the further development of collective redress. Similarly the rules on costs and, in particular, on third party funding provide some useful guidelines that can support effective access to justice.
Keywords: European civil procedure, civil justice, model rules, collective actions, costs, funding
JEL Classification: K40, K41
Suggested Citation: Suggested Citation