La nozione di controversia "transfrontaliera" nel processo di armonizzazione delle norme di procedura civile degli Stati membri dell'Unione europea

ABSTRACT: When exercising its competence in the field of judicial cooperation in civil matters, the Union has increasingly adopted measures for the harmonization of civil procedures. Consistently with the legal basis (Art. 81 TFEU), these measures have always been limited to cross-border matters. Purely internal matters are therefore excluded. However, definitions of cross-border matters lack uniformity in the measures adopted so far. The definitions adopted usually require a necessary link between at least two Member States. In this article, the Author raises some doubts as to the opportunity to maintain this limitation, in particular focusing on the broader scope of application of the rules on jurisdiction, since the latter deal also with matters involving a Member State and a third State (Owusu case). It is suggested that the scope of application of the measures harmonizing civil procedures should be extended, in particular when such measures are adopted with the aim of improving access to justice.