Die Überführung des internationalen Zivilverfahrensrechts in eine Gemeinschaftskompetenz nach Art. 65 EGV

Thomas Drappatz examines the communitarization of the law of international civil procedure. He attempts to limit the scope of article 65 of the EC Treaty in this area and comes to the conclusion that legal dispositions that permitted the communitarization of the law of international civil procedure were already in existence. Thus article 65 was merely an addition to these rules. Because of its institutional characteristics, consisting of national and supranational elements, article 65 is a distinct column within the first pillar of the European Union. This means an increase in national influence, but the cautious integration of supranational elements into Title IV of the EC Treaty was the only realistic way of inducing the member states of the EC to relinquish a part of their own sovereignty.