유럽연합 민사소송절차의 운용원리와 발전방향

Principes and development of EU civil procedural law

EU civil procedure is not belong to the typical type of civil procedure in contrast with traditional civil procedure law. It could rather classified as a kink of dispute resolution in European Union. Holistic approach on EU dispute resolution system also helpful to understand EU civil procedure and judicial system. That s mainly due to the characteristics of European Union, which is forming legal personality that could be differentiate from international organization, federal states, confederation etc. The development of EU civil procedure or dispute resolution system could be summarized as follows according to the professor Calliess ; Privatization, Globalization, Europeanization, Digitization. Cross border dispute resolution is also urgent and pressing problems in EU. To solve or lessen these problems, EU designs a new system like preliminary references, direct action, enforcement action, action for failure to act, action for damage etc. Sources of secondary EU law comprises regulations, directives, decisions, opinions, recommendations, communications, white and green papers, convention and agreements. The problem of international civil procedure is also discuss lively. The Court of Justice of the European Union(CJEU) plays an important role in forming the principle of Primacy of Union Law. The CJEU itself depicts their role as the motor of EU. The Court of Justice shall consist of one judge from each Member State and be assisted by Advocates-General. The judges and the Advocates-General of the Court of Justice and the Judges of the General Court shall be chosen from persons whose independence is beyond doubt and who satisfy the conditions of the Treaty on the Functioning of the European Union. Korea need to understand the change and reform of EU law because Korea-EU FTA officially took effect and EU law could directly valid to Korean trade company. Korea judicial system also need to receive a hint of court reform from EU at the age of system competition.