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A responsible TPLF regulatory framework should aim at lowering costs, simplifying unnecessary procedures, increasing the predictability of costs, and delivering efficient services at costs that are proportionate to the amounts in dispute. We explored additional effective safeguards and a number of policy options regarding the contractual, ethical and procedural aspects of TPLF. We then estimated the European added value (EAV) for two alternatives, namely a moderate and a strong regulatory approach ...

Effective access to justice

Studija 15-11-2017

This study, commissioned by the European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs upon request by PETI Committee, aims to identify and understand the issues affecting effective access to justice raised by the EU citizens and residents in some Member States with the main aim to frame the analysis and obtain a fair representation of recurring issues pertaining to access to justice across the EU. It seeks to understand why citizens have turned to the EU institutions ...

This European Implementation Assessment aims to present an assessment of the functioning of the European order for payment procedure since its introduction, highlighting the main achievements of the procedure and the key implementation problems and concerns. Accordingly, this indepth analysis examines the European Commission's report on the application of the procedure and other published material on the subject by academics and practitioners, critically reviewing the overall findings. It has been ...

Second Edition - July 2015 On 23 June 2015, the European Parliament and the Council agreed on a compromise regarding the reform of the European Small Claims Procedure (ESCP). The compromise, which still requires to be formally adopted by the two co-legislators in the coming months, provides that the ceiling for claims will be raised from the current €2 000 to €5 000. In five years' time the Commission will be asked to look into the possibility of raising the ceiling even further. The court fees charged ...

The European Small Claims Procedure (ESCP) became operational on 1 January 2009, as a special, EU-wide procedure available both to consumers and traders for pursuing cross-border claims within the Internal Market of a value not exceeding €2 000. During the first five years of its existence, however, the ESCP has been used only rarely. In 2013, the Commission proposed to amend the ESCP Regulation, to raise the ceiling for claims to €10 000, expand the definition of a 'cross-border case', increase ...

The number of small cross-border transactions, usually in business-to-consumer contacts, is steadily growing in the EU. If a transaction ends up in a way which does not satisfy the parties, they may want to go to court to get their money back or make sure a faulty good is repaired. However, national civil procedures are not well adapted for such cross-border litigation over small claims. That is why the EU legislature introduced a European Small Claims Procedure (ESCP) back in 2007. For various reasons ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying its proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) n°861/2007 establishing a European Small Claims Procedure and Regulation (EC) n° 1896/2006 creating a European order for payment procedure (COM (2013) 794), submitted on 19 November 2013. It analyses whether the principal criteria laid down in the Commission ...

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a number of coordination instruments (regulating conflicts of jurisdiction and mutual recognition) and created two autonomous EU civil procedures, including ...

The briefing paper presents rationale and relevance of collective redress schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress ...