We investigate the factors influencing the choice of domestic judges to pass on cases to the Court of Justice of the European Union. While EU judicial scholars have typically relied on integration theory or ad hoc theories of adjudication to explain referral activity, our theoretical framework...

The creation of a European law of civil procedure is a continuous and dynamic process that, in its present form has really only just started. In this contribution three issues involved in the creation of a European law of civil procedurewill be discussed. These issues are (1) the meaning of...

Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...

This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of private law, in which it might be used to understand legal rules, or the interaction of different kinds of claim. Since there are so few relevant sources in English, this article...

In this article the proposal for a European Small Claims Procedures is analyzed. Following the proposal for a European Order for Payment Procedure, this proposal introduces the second European harmonized procedure. It is concluded that the European Small Claims Procedure is an asset to...

This chapter analyses the contribution of the Court of Justice to the harmonization of private law through the lens of the Court's rulings on Directives in the field. In particular, the implementation of such Directives by Member States is discussed, in the context both of the Court's rulings...

Differentiated Integration (DI) has been a core issue in the debate surrounding European integration by both political and legal actors within the EU since early on in its existence. The debate has now shifted to the effect that DI will have post-Brexit, as those in favour of European...

This Article explores the history of American women's long struggle for the vote; it does so to illuminate the efficacy of the franchise to produce political emancipation. This history reveals that struggles over constitutional values and rights are so often a story of how the dominance of one...