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 o...
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| Format: | Article |
| Language: | English |
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VD Dakor
2022-05-01
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| Series: | Access to Justice in Eastern Europe |
| Subjects: | |
| Online Access: | https://ajee-journal.com/upload/attaches/att_1652690562.pdf |
| _version_ | 1828473378838675456 |
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| author | Catia Marques Cebola |
| author_facet | Catia Marques Cebola |
| author_sort | Catia Marques Cebola |
| collection | DOAJ |
| description | 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 |
| first_indexed | 2024-12-11T05:43:33Z |
| format | Article |
| id | doaj.art-bdcee136efae49ee9d87538631fa7c0b |
| institution | Directory Open Access Journal |
| issn | 2663-0575 2663-0583 |
| language | English |
| last_indexed | 2024-12-11T05:43:33Z |
| publishDate | 2022-05-01 |
| publisher | VD Dakor |
| record_format | Article |
| series | Access to Justice in Eastern Europe |
| spelling | doaj.art-bdcee136efae49ee9d87538631fa7c0b2022-12-22T01:19:04ZengVD DakorAccess to Justice in Eastern Europe2663-05752663-05832022-05-012 (14)72110.33327/AJEE-18-5.2-a000206European Small Claims Procedure: An Effective Process? A Proposal for an Online PlatformCatia Marques Cebola0https://orcid.org/0000-0002-3584-0718Assistant professor on ESTG of Polytechnic of Leiria, Invited Professor on ISCAC of Polytechnic Institute of Coimbra and Researcher on IJP – Instituto Jurídico Portucalense, PortugalBackground: 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 contexthttps://ajee-journal.com/upload/attaches/att_1652690562.pdfsmall claims procedureeffectivenessobstaclesonline platform |
| spellingShingle | Catia Marques Cebola European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform Access to Justice in Eastern Europe small claims procedure effectiveness obstacles online platform |
| title | European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform |
| title_full | European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform |
| title_fullStr | European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform |
| title_full_unstemmed | European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform |
| title_short | European Small Claims Procedure: An Effective Process? A Proposal for an Online Platform |
| title_sort | european small claims procedure an effective process a proposal for an online platform |
| topic | small claims procedure effectiveness obstacles online platform |
| url | https://ajee-journal.com/upload/attaches/att_1652690562.pdf |
| work_keys_str_mv | AT catiamarquescebola europeansmallclaimsprocedureaneffectiveprocessaproposalforanonlineplatform |