Improving Access to Justice in Europe

Abstract

The Author is one of the initiators of work on harmonization of procedural law of the EU countries. According to the European Convention on Human Rights, each citizen has a right to a „fair trial within a reasonable time before an independent and impartial judge”, therefore the Author is of opinion that harmonization of law is especially necessary in the area civil law. The provisions of the Amsterdam Treaty, Article 65 in particular, constitute a breakthrough in civil procedural law. Tampere Agenda of 1999 emphasizes the importance of easier access to justice, which can be effected by setting minimum standards for cross-border disputes and harmonization of judicial procedure, enabling court decisions to be mutually recognizable. The Author mentions the European Order for Payment, whose structure is based on a report by a team of experts led by the Author in 1993, as an example of a successful attempt at harmonization of procedural law. Next, he presents a comparative study of two European regulations, namely the procedure of payment order and regulations on small claims. In the final part, he provides a list of conclusions drawn from the comparison.