The ELI-<scp>Unidroit</scp> Model Rules and current or prospective reforms of civil procedure. Opening remarks to panel V

Abstract This article examines the development, scope and future influence of the ELI-Unidroit Model European Rules of Civil Procedure. It explores the interplay between legal culture, procedural harmonisation and societal values, focusing on how the Model Rules mediate between national legal traditions and transnational legal frameworks. Drawing on Oscar Chase’s concept of law as both a reflection and a constructor of social norms, the article argues that harmonisation efforts must be seen as cultural negotiations rather than mere technical adaptations. It identifies three critical factors for the success of legal systems: well-designed procedural rules, adequate financial resources, and the cultural attitudes of parties, legal practitioners and judges. While legislative reforms can set the procedural stage, their effectiveness ultimately depends on the ethical and professional attitudes that shape legal practice. This cultural dimension is seen as essential for achieving meaningful procedural harmonisation. The article positions the ELI-Unidroit Model Rules as a ‘middle way’ between creating a wholly unified European Code of Civil Procedure and the fragmented procedural frameworks in Europe. The development of the Model Rules involved deliberate compromises and selective departures from national traditions, exemplified by the abandonment of the principle nemo contra se edere tenetur. While this approach may meet initial resistance, the long-term potential for a robust European procedural model is promising. Reflecting on the broader context, the article concludes by framing the harmonisation process as an effort to balance unity and diversity – a concept deeply rooted in the ancient Greek idea of Logos. This philosophical reflection underlines the need for a dynamic legal identity in Europe, evolving through cultural exchange and legal innovation. Through this lens, the ELI-Unidroit Model Rules appear to be a meaningful step towards constructing a common European legal identity.