Abstract
Background: Statistics concerning the use of the European Small Claims Procedure implemented by Regulation 861/2007 (as amended by Regulation 2015/2421) show that this mechanism has not been as successful as expected. When choosing between a domestic and a European instrument, the creditor most often opts for the domestic procedure. They avoid an instrument that is less well known, that they do not fully manage, and that has limited integration in domestic law. Methods: This article starts with the legislative analysis of the European Regulation 861/2007, using analytical and hermeneutic approaches. Empirical methodologies will also be applied since the practical application of the rules established by the European Regulation will be analysed in order to build the proposal of an online platform for the small claims procedure. Results and Conclusions: Bearing in mind the weaknesses of the European Small Claims Procedure, we conclude that an online platform incorporating alternative dispute resolution mechanisms is the best option to promote access to justice. A list of arbitrators or judges designated by each member state to decide the cases submitted on the platform could be a solution to overcome lengthy court processes. The decision shall be standardised for all proceedings according to a model incorporated into the platform. Thus, the enforceability will be facilitated, and the process will be more accessible to the parties, ensuring the right of access to justice in this context.
Highlights
Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007,3 as amended by Reg. 2015/2421, established a European Small Claims Procedure in cross-border litigation, aiming to create a fast and inexpensive process to obtain judgments in specific cross-border cases and, to facilitate access to justice
Statistics concerning the use of the European Small Claims Procedure implemented by Regulation 861/2007 show that this mechanism has not been as successful as expected
Empirical methodologies will be applied since the practical application of the rules established by the European Regulation will be analysed in order to build the proposal of an online platform for the small claims procedure
Summary
Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007,3 as amended by Reg. 2015/2421 (hereinafter Regulation 861/2007), established a European Small Claims Procedure in cross-border litigation, aiming to create a fast and inexpensive process to obtain judgments in specific cross-border cases and, to facilitate access to justice. As expressly declared in this Regulation: the distortion of competition within the internal market due to imbalances with regard to the functioning of the procedural means afforded to creditors in different Member States entails the need for Community legislation that guarantees a level playing-field for creditors and debtors throughout the European Union. Bearing in mind this goal, the recognition and enforcement of a judgment within the European Small Claims Procedure in any member state was established. They avoid an instrument that is less well known, that they do not fully manage, and that has limited integration in domestic law
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