European Small Claims Procedure Research Articles

Automation Within a Novel Platform for the European Small Claims Procedure

Abstract Contemporary technology and artificial intelligence increasingly facilitate the delivery of justice by automating, accelerating, and supporting judicial procedures with digitisation and automation tools. This article analyses options for the automatisation of the European Small Claims Procedure. The authors propose the digitisation of the procedure to a greater extent by additional features, such as AI-powered translation and text-to-speech tools, as well as creation of a trustworthy system for submission and storing of procedural documents based on the Estonian e-File example within the framework of the ongoing EU-funded SCAN II-project.

Legal Regulations of Enforcement Procedure in Selected Foreign Jurisdictions

This article provides a brief comparative analysis of the peculiarities of the enforcement procedures in selected foreign countries and jurisdictions with various legal systems, including France, the United Kingdom, Belarus, Kazakhstan, the Baltic countries, as well as research into the organizational structure of their enforcement agencies. The article also provides an analysis of the diverse procedures applied in EU countries for enforcement of decisions of courts and other authorities in civil and commercial cases, including the European Enforcement Order, European Order for Payment, European Small Claims Procedure, as well as the procedure under the Recast Brussels I Regulation. The author’s objective is to consider the procedures of enforcement of Ukrainian court decisions in these countries, as well as to raise the issue of the possible application of these procedures in the relevant legislation of Ukraine and to provide material for further research and analysis of these options.

European Small Claims Procedure in the realm of the other European proceedings

In this article, the European Small Claims Procedure will be analysed in the context of the other European procedures, namely Brussels I bis Regulation (Regulation (EU) No 1215/2012), European Enforcement Order Procedure, European Payment Order Procedure and Consumer ODR Procedure. The aim of each procedure, their benefits for users and drawbacks are compared in order to establish the areas in which the European Small Claims Procedure can be improved or modified contributing better towards the development of more efficient and user-friendly European Union civil proceedings system. Results of the SCAN | Small Claims Analysis Network consortium studies of the application of the ESCP are used as a basis of this article. The article among other issues will cover premises to introduce seamlessly integrated dispute resolution methods and tools in the European Small Claims procedure such as early-diagnostics, negotiations, mediation, etc. in order to create a pyramid-shaped dispute resolution system so that only the disputes that cannot be resolved by using other tools would be channeled to the adjudicative stage.

European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform

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.

European Small Claims Procedure in Slovakia

The paper focuses on the peculiarities of the European Small Claims Procedure and the application of this mechanism in the Slovak Republic. The main provisions of the European Union Regulation (EC) No. 861/2007 (in full Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure), which introduces this procedure, are investigated, in particular the stages of consideration of the case from the submission of the application by the applicant to the execution of the court judgment and the possibility of appeal. Particular attention is paid to the provisions of the Contentious Civil Procedure Code of the Slovak Republic, which regulates the procedural actions during consideration of small cases, which are not regulated by the above-mentioned European Union Regulation (EC) No. 861/2007. The practical component is analysed on the basis of court cases considered by courts of the first instance in Slovakia. The problematic issues that arise during the application of the European Small Claims Procedure are highlighted.

Small in value, important in essence: lessons learnt from a decade of implementing the European Small Claims Procedure in Italy and Belgium

This article examines the extent to which the European Small Claims Procedure (ESCP) has served the main purpose of the EU legislature to establish a legal framework to improve access to justice for creditors of cross-border small claims through a simplified, expedited and inexpensive redress mechanism. This article first analyses the implementation of the ESCP in Italy and Belgium. These two countries were chosen because of the authors’ research on the Small Claims Analysis Net (SCAN) Project (The SCAN Project was initiated in 2018 as a two-year project with the fundamental aim of evaluating the efficiency of the European Small Claims Procedure within several EU Member States (France, Belgium, Italy, Slovenia, and Lithuania), besides raising awareness of this procedure among consumers and other judicial stakeholders. For the conducted activities as part of the SCAN project, see http://www.scanproject.eu accessed on 24 February 2021). The second part of this article deals with the impact of this regulatory instrument on access to justice for citizens, in view of the principle of judicial efficiency. Finally, this article focuses on the possibility of using this instrument for collective redress, on the one hand, and linking this procedure to online dispute resolution, on the other.

Europeizacja procesu cywilnego jako środek prowadzący ku jego przyspieszeniu – rozważania wokół europejskiego postępowania w sprawach drobnych roszczeń w kontekście unormowań proceduralnych stanu epidemii

The article concerns the considerations of the solutions derived from the European Small Claims Procedure, which were reflected in the amendment to the Code of Civil Procedure of 4 July 2019 and gained importance in connection with the epidemic related to the spread of the SARS-CoV-2 virus. Article discuss issues related to the closed sessions, written testimony, electronic correspondence and conducting a hearing with the use of remote communication means.

Simplified Procedure in Civil Proceedings in Different European Countries: Comparing Study

In this article the simplified civil proceedings were analyzed as one of the most current discussion. Its characterization and difference from general action proceeding are debatable issues that need attention and in-depth study, especially in Ukraine, where the differentiation of action proceedings was first introduced in 2017.
 This background requires the comparing research of the doctrine and legislative of European countries such as Germany, Lithuania, Poland, Spain and France, which have been selected for comparison, as well as the European Small Claims Procedure, which has been in existence alongside national small dispute resolution procedures for over ten years.
 The most generalizable features that appear to be inherent in any simplification of court proceedings were studied, in particular, the time frames for simplified litigation, whether or not to hold hearings, the possibility of appeal and mandatory representation in these proceedings.
 In conclusion, it was noted that the elements of simplifying the procedure for small cases resolution in Ukraine and in other European countries generally coincide. Among the similarity there are the features of securing the right to an oral or public court hearing on the case, a certain limitation of the right to appeal the decision in the case, the absence of compulsory representation, even in the conditions of compulsory representation of the parties in court by a lawyer. At the same time, the lack of standardized forms of appeal to the court in the simplified procedure, as well as the approaches to the procedure of the choice of the procedure of the case - are excluded by the parties, both in the European Small Claims Procedure and in Germany, to the excluded right of a judge to decide this issue. how it is envisaged in Lithuania. It is useful to borrow, in our opinion, the experience of Spain and France, in which the collection of small debts is the responsibility of the bailiff and the notary. Thus, a comprehensive mechanism for dealing with small or small matters should be established and maintained in the state.

European Small Claims Procedure and Its Place in the System of Polish Separate Proceedings

The European proceedings in cross-border cases, to which the European order for payment and the European Small Claims Procedures belong, were introduced into Polish legal system on 12 December 2008 as an alternative to the existing proceedings provided for in the laws of the Member States. The base for the application of the European Small Claims Procedure is Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007, establishing the European Small Claims Procedure. The Polish legislator decided to place a modest regulation of these procedures amongst separate proceedings. To approximate the subject issue, the nature of the European Small Claims Procedure needs to be considered along with its relations with selected separate proceedings (such as order for payment proceedings, writ of payment proceedings, electronic writ of payment proceedings, simplified procedure and European order for payment procedure), the nature of which justifies including them in the group of accelerated and simplified proceedings.

Access to Justice as Illustrated by the Institute of Small Claims: an Assessment of the Procedural Law Reform in Ukraine

On 15-16 October 1999, a meeting of the European Council, whose influence on the development of civil process in the EU cannot be overestimated, took place in Tampere. It was at this meeting that the need was declared to develop and implement the EU level rules of procedure, which should simplify and accelerate cross-border litigation (within the EU). As a result, the Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European small claims procedure was adopted. On the basis of this Regulation, the European legislators sought to introduce a small claims procedure directly in the EU. However, their intentions and efforts have also become the guideline for legislators of those states that (so far) are not members of the EU, in particular, Ukraine. In more than a decade, the institute of small claims has found its consolidation in the reformed civil process of Ukraine, an associate partner of the EU. In this context, the question arises: have the goals and results of the institutes' implementation coincided within the law of the EU and Ukraine? Is there a positive experience of such an introduction and does this institute need further reforms? This publication is an attempt to provide answers to these questions.

ВІДКРИТІСТЬ І ГЛАСНІСТЬ СУДОВОГО РОЗГЛЯДУ ТА ВИКОНАННЯ СУДОВИХ РІШЕНЬ: СВІТОВІ ТА ЄВРОПЕЙСЬКІ СТАНДАРТИ НА ПРИКЛАДІ ЗАКОНОДАВСТВА АНГЛІЇ ТА УЕЛЬСУ, США І ПРАВА ЄС

The article reveals the legal nature of the principle of openness and transparency of a trial and the enforcement of judgments as an integral part of the concept of a person's right to a fair trial. The purpose of our study is to find out the main approaches to the openness and transparency of the enforcement of judgments in the light of international and European standards, such as the laws of England and Wales, the US and EU law. For our comparative study, the United States Federal Rules of Civil Procedure and Civil Procedure Rules of England and Wales have been selected in view of the need to study the world's best practices. The European legislation governing the provisions of the European Enforcement Order and the European Order for Payment and European Small Claims Procedure, are among the objects of our study. Provisions on common minimum stand- ards for civil procedure in the EU, which are in the process of legislative implementation, are examined as examples of the standards of openness and transparency of justice and enforcement of judgments in the EU. They are also among the sources of our study on, transparency and openness in the administration of justice and the enforcement of judgments. In this article the terminological problems of translation of the terms "public hearing", "open court", "open trial" and others relative terms are analyzed in depth, based on their legal content and essence. As a result of the research, the concept of open enforcement of court decisions as an integral part of court proceedings is proposed to imple- ment, in particular, by introducing the institution of review of court decisions and other documents subject to publication in accordance with the procedure established by law, attorneys or agents affairs.

Small Claims and Procedural Simplification: Evidence from Selected EU Legal Systems

Most legal systems have a long-standing tradition of simplified procedures for the disposition of small claims. Obviously, the elements that qualify a claim as ‘small’ vary: the most significant one, meaning the amount of money at stake, reflects the economic situation of a given country. In any event, and regardless of the maximum sum that can be recovered, small claims are the claims that are most important to ordinary citizens. For if people had to turn to full-fledged litigation, probably many would relinquish their rights, being unable to bear the costs and the delays of a traditional judicial procedure. That is the reason why legal systems should provide inexpensive and expedited procedures for small claims if they really want to fulfil the promise of access to justice for all. This essay examines the solutions adopted in France and Spain, pointing out that the use of easily available forms can make a big difference, as can also the accessibility of IT platforms specifically designed for the recovery of small credits. The state of affairs in Italy for simplified procedures for small claims is also addressed through a description of the jurisdiction of the Italian justices of the peace. It is astonishing to discover that almost a century ago scholars were already debating over the need to provide for procedural models suitable for small claims, so that one may be inclined to think that nothing new is invented when contemporary lawmakers provide for simplified procedures aimed at granting small claims an expedited, inexpensive but also fair treatment in court. More or less, all European Union legal systems deal with small claims in specific ways, sometimes allocating them to special judicial bodies (for instance, small claims courts or courts operated by lay judges), other times relying on procedural rules that are different from the ones followed before the ordinary courts of first instance. Alongside national procedures, the European Small Claims Procedure (hereinafter ESCP) exists for cross-border cases, so that two parallel procedures (the national one and the European one) are available for small claims that meet the requirements for the application of the European instrument at the choice of the plaintiff. This essay will not deal with the ESCP even though it is a piece of European legislation specifically aimed at devising a uniform, simplified procedure for the recovery of small claims across Member States. A recent, comprehensive study has analysed the ESCP in depth, clarifying the background of the Regulation, its purposes and shortcomings, and therefore this author does not consider it necessary to repeat concepts that have been masterfully expounded by someone else. Furthermore, the optional nature of the ESCP is such that its actual application, at least in some Member States, is negligible. This is the case, for instance, in Italy, where the practical relevance of the ESCP is inversely proportional to the theoretical commentaries on the Regulation produced by Italian scholars. In addition to Italy, the legal systems that this author has chosen for her analysis of simplified procedures for the disposition of small claims are those of France and Spain. This choice does not signify a value judgment, since a value judgment is not possible when looking at the two national procedures from a distance and without the benefit of empirical data. That said, the impression of a foreign ‘bystander’ is that both the French and the Spanish procedures are (at least, in theory) efficient, simple and with a touch of modernity that potentially will make them even more accessible to individuals. After all, the ability of a legal system to grant access to justice across the board is tested not with respect to cases where the amount at stake is large and the parties have all the resources (financial, social and cultural) necessary to navigate complex, costly and long court procedures, but with respect to cases where the amount at stake is small.

Cross-Border Debt Recovery in the EU. A Comparative and Empirical Study on the Use of the European Uniform Procedures

The book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure. The study offers an in-depth comparative and empirical analysis of the way these instruments function in interaction with national procedures in England and Wales, France, Italy, and Romania. The analysis combines available statistics with European and national case law, together with practitioners’ experience. This approach provides a comprehensive understanding of the difficulties encountered, and of the solutions chosen to overcome procedural intricacies and to secure parties’ procedural rights. The findings create a solid basis for enhancing judicial cooperation and addressing the practical aspects related to the application of the procedures. In its conclusion, the book discusses the ongoing developments taking shape in this area, and reflects on the implications that the legal standards established by the European uniform procedures have for future developments. The book is of particular relevance for practitioners and courts applying the European Order for Payment and the European Small Claims Procedures; for European and national legislators, and policymakers working in this field; and for scholars interested in European civil procedure.

European Small Claims Procedure and European Order for Payment Procedure: Translation with the Commentary ((((((((----------- : - )

English Abstract: This book is the translation Ukrainian with the commentary of first Pan European procedures in cross border civil and commercial matters - Small Claims Procedure and Order for Payment Procedure. Ukrainian Abstract: Перше видання, яке містить переклад українською мовою з постатейним коментарем положень двох основних законодавчих актів ЄС, якими врегу- льовано порядок розгляду й вирішення цивільних і комерційних справ транскордонного характеру в усіх державах-членах: Регламенту No 1896/2006 від 12 грудня 2006 р. про процедуру видачі Європейського судового наказу та Регламенту No 861/2007 від 11 липня 2007 р. про Європейський порядок вирішення дрібних спорів (з останніми змінами).

European Procedures on Debt Collection: Nothing or Noting? Experiences and Future Prospects

This working paper emanates from a conference on European civil procedure (Uppsala, September 2013), and is expected to be published in a conference book in 2015.T he paper evaluates the experiences with the European order for payment procedure and the European small claims procedure, 5 years after their introduction. It discusses general impressions regarding the application of these procedures in the Member States and extent of their potential. The discussion is illustrated by drawing on the implementation of and practical experiences with these procedures in the Netherlands based on case law and empirical research. It reviews the Commission proposal to amend the Small Claims Regulation and the potential impact on the use and functioning of this procedure. It concludes that though experiences during the past five years have not all been positive, one should realise that any change and innovation in procedural law takes a long time to calibrate. Skepticism in relation to the European procedures, and particularly the ESCP, is understandable. However, it is a fact that the number of cross-border transactions is increasing and so are the disputes resulting from these. Most of the amendments that the Commission has proposed in relation to the ESCP − and that might be followed in the EOP revision − are realistic as to what the bottlenecks are. Nevertheless, one may argue as to how they may and can best be tackled, particularly in times of financial distress. As regards the European debt-collection procedures, there is still a great deal to do to raise awareness. For the European policy maker and legislature, along with the individual Member States, the time has come to invest in the further consolidation, implementation, and evaluation of the instruments. Empirical evidence concerning what works and what does not is of utmost importance, especially where European idealism and economic rhetoric no longer suffice as driving forces. Member States’ judges have to adopt a reactive approach in the application of the European civil procedures to fill in the gaps between European and domestic procedure in daily practice. Further, academics have a role to play and should contribute to shape the new architecture and to connect the dots of European civil procedure.

C (Theory of EU Civil Procedure)

Ukrainian Abstract: Монографія присвячена питанням становлення та формування цивільного процесу ЄС. У роботі проаналізовано етапи становлення цивільного процесу ЄС, визначається його інституційна побудова, характеризуються два основні провадження — з вирішення дрібних спорів, видачі судового наказу, видачі виконавчого листа та забезпечення грошових коштів. English Abstract: The book devoted to one of the main novation of Civil Procedure Law, which is common cross-border litigation in civil and commercial matters in EU. It highlights two main procedures - European Small Claims Procedure and European Order for Payment Procedure, and also European Account Preservation Order, European Enforcement Order and other aspects of common EU Civil Procedure.

Europejskie postępowanie w sprawie drobnych roszczeń jako przykład dążenia do elektronizacji procedur transgranicznych

Europejskie postępowanie w sprawie drobnych roszczeń jako przykład dążenia do elektronizacji procedur transgranicznych

¿Hacia un nuevo derecho procesal europeo de protección del consumidor?: La nueva iniciativa europea sobre la resolución de litigios de pequeña cuantía

The European Small Claims Procedure was designed by the European legislator to provide consumers with an effective legal instrument to facilitate access to justice and to ensure the exercise of their rights in the cross-border situations. However, despite the benefits this process brings in terms of reducing the costs and time limits in cross-border claims, it is not still well known and remains underutilized several years after the entry into force of Regulation (EC) no. 861/2007. This article analyzes the changes that the Commission intends to make to this Regulation to promote efficiency of justice in the European Union and highlights and shadows.

The Dutch Perspective on Cross-Border Small Claims Litigation: Guarded Optimism and Pragmatism. A Normative and Empirical Approach

The Dutch Perspective on Cross-Border Small Claims Litigation: Guarded Optimism and Pragmatism. A Normative and Empirical Approach

Simplification of Debt Collection in the EU (European Order for Payment Procedure and European Small Claims Procedure) Italian Report

After a cursory glance at the Italian procedures for the recovery of money claims, domestic and cross-borders, this essay expands on a few aspects of the implementation of Regulation (CE) No. 1896/2006 and on the failed implementation of Regulation (CE) No. 861/2007.