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The Legitimacy of Mutual Recognition as a Regulatory Strategy for the Policy Area of Civil Justice in the EU

Final Report Summary - RECLAIM (The Legitimacy of Mutual Recognition as a Regulatory Strategy for the Policy Area of Civil Justice in the EU)

The Research Plan for RECLAIM is built on three pillars of tasks for the experienced researcher: 1) Scientific Research; 2) Learning New Skills and Establishing Networks; and 3) Outreach Activities.

The experienced researcher has written the following book chapters, articles and working paper contributions that cover specific topics related to the identified research topic of RECLAIM (some of these are already published, others are pending publication): 1.‘Mutual Recognition as a Governance Strategy for Civil Justice Context’ in B. Hess, M. Bergström and E. Storskrubb (eds), EU Civil Justice – Current Issues and Future Outlook, Swedish Studies in European Law, Vol 7 (Hart 2016), 2. ‘Civil Justice - Constitutional and Regulatory Issues Revisited’, in M. Fletcher, E. Herlin-Karnell and C. Matera (eds), The EU as an Area of Freedom, Security and Justice (Routledge 2016), 3. ‘Mutual Trust and the Limits of Abolishing Exequatur in Civil Justice’, in E. Brouwer and D. Gerard (eds), Mapping Mutual Trust – Understanding and Informing the Role of Mutual Trust in EU Law, EUI Working Paper MWP13/2016, pp. 19-28, 4. ‘Alternative Dispute Resolution in the EU – Regulatory Challenges’ (2016) European Review of Private Law 24 (1), pp. 7-31, 5. ‘e-Justice, EU-Justice and Innovation’, in B. Hess and X.E. Kramer (eds), From Common Rules to Best Practices in European Civil Procedure (forthcoming publication), 6. ‘Några tankar om hur EU-rättens tentakler genomtränger processrätten’, in D. Helenius and A. Suominen (eds), Festskrift Dan Frände (forthcoming publication), 7. ‘Den femte friheten – tillit när domar rör sig over gränserna?’, in A. Bakardijeva-Engelbrekt et al (eds), Tilliten i Europa vid ett vägskäl - Europaperspektiv 2017 (forthcoming publication), 8. ‘The Mixed Picture of Mutual Trust in the Case Law of the Court – Quo vadis’ Cambridge Yearbook of European Legal Studies (forthcoming publication)

The experienced researcher has presented her work to the Uppsala University Research Group on EU-law on 9 December 2014 and to the Uppsala University Procedural Law Group on 23 April 2015 and 16 February 2016. In addition, the experienced researcher has participated regularly throughout the Marie Curie fellowship period in the seminar series of the Research Group on EU-law as well as in the seminar series of the Procedural Law Group. The fellow has been supervised by Professor Carl Fredrik Bergström (main supervisor) and Professor Torbjörn Andersson (co-supervisor). In addition, she has met with and received tutorial support from Professor Anna Michalski at the Department of Politics. The experienced teacher has planned and participated in teaching at the post-graduate/master level on the course EU Commercial Law and Litigation. She has been deputy course director for the same course. In addition, she has participated in teaching on various undergraduate courses (T1 and T6) and advance courses as well as supervised 5 masters’ theses and been co-supervisor for 1 doctoral candidate. Thus, her teaching, which has been significant in variety and tasks, has supported her in gaining further pedagogical skills. The experienced researcher was in the spring of 2014 called to be co-reporter for a Working Group in the pan-European project ‘From Transnational Principles to European Rules of Civil Procedure’ (a cooperative venture between the European Law Institute and Unidroit). She was also invited to join two informal groups/networks both that resulted in publications has led to the planning of future grant applications among one of the groups: (i) workshop on mutual trust in the EU (March 2015) hosted at the EUI in Florence that resulted in a mutual working paper (see above under pillar 1) and (ii) workshop on access to justice in consumer matters hosted at the University of Essex that resulted in a mutual publication of papers in European Review of Private Law. She organized a workshop entitled The Principle of Subsidiarity - What Next? and was sponsored by the Swedish Network on European Legal Studies. A mutual publication of papers is planned for early 2017 in the Swedish legal journal Europarättslig Tidskrift. The fellow also collaborated with a group of Italian academics to coordinate a session at the Council of European Studies (CES) annual conference, held on 14-16 April 2016 in Philadelphia entitled: Do we trust in ‘mutual trust’? Current challenges to mutual recognition in the Area of Freedom, Security and Justice as a benchmark for Europe’s resilience. She has secured funding for a three-year project from the Ragnar Söderberg Foundation in Sweden, which enables her to continue to be employed as a research fellow at Uppsala University from September 2016 onwards when her Marie Curie Fellowship period ends.

1) First Year

The planned milestones in relation to teaching and teacher training were nearly completed in the first year of the project. The experienced researcher conducted limited teaching in the second year to allow her to further mature as a teacher.

The planned milestones related to out-reach activities were exceeded already in the first year of the project in relation to number of events. It was particularly welcome that the experienced researcher was asked to participate in many of these events by the organisers as this organic development demonstrated interest in her field of research.

2) Second Year

The focus on the second year was finalizing the research (with publication and dissemination) and completion of applications for future research funding. Significant milestones were completed in both areas.

The completion of the articles and book chapters listed above under 1.1 (some already published, others pending publication) on the research questions identified in RECLAIM is an important milestone result. The research results will thus be disseminated in a variety of publications all considered of high quality in the legal community, both Nordic (Swedish and Finnish publications) as well as international publications. The synthesis of the research results are included in the publication: ‘Den femte friheten – tillit när domar rör sig over gränserna?’, in A. Bakardijeva-Engelbrekt et al (eds), Tilliten i Europa vid ett vägskäl - Europaperspektiv 2017, that will be published in the beginning of 2017.

Europaperspektiv is a multidisciplinary annual thematic publication of the Swedish Network for European Legal Studies that is directed to a broader public than the purely academic audience. The publication aims to explain and raise awareness of pressing issues related to the EU in the broader society in Sweden. The theme of the 2017 edition is ‘Trust in the EU’ and it will be launched at a well-publicized conference on 1 February 2017. Due to the chosen theme of the edition the experienced researcher was asked to contribute a chapter. This will contribute to a broad dissemination of the research results of RECLAIM among and beyond the academic arena.

In relation to dissemination, the Council of European Studies conference in Philadelphia was further a good opportunity to present the results towards the end of the fellowship period and engage with a broader academic reach, since the conference was a interdisciplinary and brought together political scientists, economists and lawyers.

Finally, in addition to the research work carried out, the successful completion of applying for a new research grant to enable the experienced researcher to continue to work in the academic arena in Sweden after the Marie Curie fellowship period is a significant milestone.