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HomeAssessment of the socio-economic impacts of the policy options for the future of the European Small Claims Regulation
Final report
Assessment of the socio-economic impacts of the policy options for the future of the European Small Claims Regulation
Final report
Metagegevens publicatie
Regulation 861/2007 establishing a European Small Claims Procedure (ESCP) was adopted on 11 July 2007 with the aim to enhance access to justice by simplifying and speeding up cross-border litigation concerning small claims and reducing the costs of such litigation. Moreover, the Regulation aimed at facilitating enforcement through mutual recognition of judgments and at improving the functioning of the internal market by increasing legal certainty and thus enhancing consumer and business confidence, ultimately resulting in increased cross-border trade3. The Small Claims Regulation introduced an optional procedure, in addition to the procedures existing under the laws of the Member States, for cross-border cases concerning claims lower than 2,000 euro. The procedure is in principle a written procedure on the basis of standard forms and is governed by tight deadlines. Representation by a lawyer is not mandatory and the use of electronic means of communication is encouraged. Furthermore, the unsuccessful party only has to bear the costs of the proceedings of the successful party to the extent that they are proportionate to the claim. Finally, a judgement given in the European Small Claims Procedure (ESCP) is enforceable in any Member State without the need for a declaration of enforceability (exequatur). The purpose of the present Study was to evaluate the relevance, coherence, effectiveness, efficiency and EU value-added and utility of the ESCP as it is in force today. The present report covers the detailed evaluation, the main findings and recommendations for the future of the Regulation. As agreed with the Commission and given the tight deadline of the Study, focus was placed on the evaluation of socio-economic impacts on consumers and undertakings (in particular SMEs 4), and on judicial systems. The Study covers all Member States with the exception of Denmark and Croatia (Member State as from the 1st of July 2013).
- Publicatiedatum:
- Institutionele auteur(s): Deloitte , Directoraat-generaal Justitie (Europese Commissie)
- Thema's Justitie en binnenlandse zaken
- Onderwerp: administratieve formaliteit , bescherming van de consument , burgerlijke procedure , burgerlijke rechtsvordering , grensoverschrijdende samenwerking , justitiële samenwerking in strafzaken (EU)
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| ISSN | ISBN 978-92-79-34779-5 | DOI 10.2838/84527 | Catalogusnummer DS-01-13-846-EN-N |
- Released on EU Publications:
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