border trade and lead to differentiated treatment of identical civil disputes. What is more surprising, given the practical importance of the topic and its intellectual interest, is the relative lack of systematic analysis of the subject. The interaction between civil procedure and EU law thus assumes fundamental importance7. In the interaction between civil procedural law and European Union law, within the context of an increasingly global and integrated EU economy, there are three main intersections: 1) the need for coherent transnational procedural rules to support the internal market and address cross-border disputes; 2) the requirement that national procedures effectively implement EU substantive rights (e.g., in competition, labour, and consumer law) without compromising uniform application or equality; 3) the emergence of citizens’ rights at the EU level, such as the right to a fair trial and effective access to justice, influenced by the Area of Freedom, Security and Justice and the Charter of Fundamental Rights of the EU. The topic of intersections between civil procedural law and EU law is thus relevant, given the context of a truly global economy, recent decades of technological advancement, and the relative freedom of international trade. This scenario has led to an increase in the volume of transnational litigation and the mobility of labour and assets, generating acute challenges, especially within the EU, where the resolution of civil and commercial disputes has become a central issue. Understanding the intersection between civil procedural law and European law, as well as the legal and political issues that arise at these points of intersection, is relevant. It should be noted, initially, that the creation of the Internal Market and the four basic freedoms in the EU allows entities to conduct cross-border trade with the minimum possible regulation and restrictions; when necessary, restrictions tend to be common to all through harmonisation, legislative approximation (supranational rules), or mutual recognition. However, when cross-border civil or commercial disputes arise, the proper functioning of the Internal Market and cross-border trade can be disrupted. This disruption occurs, in particular, when there is a lack of adequate transnational procedural regulation: when national rules on jurisdiction, choice of law, service of documents, taking of evidence abroad and enforcement of foreign judgments are parochial, complex and divergent across Member States8. 7 General Editors’ Preface, Paul Craig; Gráinne de Búrca - Civil Procedure and EU Law: A Policy Area Uncovered, Eva Storskrubb. 8 Litigating in a foreign procedural system often involves hiring local lawyers and navigating difficulties arising 32 CARLOS TORRES
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