Simplification of Debt Collection in the EU (European Order for Payment Procedure and European Small Claims Procedure) Italian Report PDF Download
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Author: Elisabetta Silvestri
Publisher:
ISBN:
Category :
Languages : en
Pages : 16
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Book Description
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.
Author: Elisabetta Silvestri
Publisher:
ISBN:
Category :
Languages : en
Pages : 16
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Book Description
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.
Author: Vesna Rijavec
Publisher:
ISBN: 9789041148544
Category : Collection laws
Languages : de
Pages : 0
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Book Description
This in-depth commentary and analysis on the three main EU regulations facilitating cross-border debt collection compares them amongst themselves and with the solutions relating to recognition and enforcement in the enacted but not yet enforced Recast Brussels I Regulation. In country-by-country analyses written by local experts, the implementation of these measures in 13 Member States is accompanied with evaluation of national summary procedures. Emphasis throughout is on the analysis of legal remedies safeguarding the rights of parties, as access to remedies is among the chief factors determining the speed and success of proceedings.
Author: Xandra E. Kramer
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
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.The 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.
Author: Elena Alina Onţanu
Publisher:
ISBN: 9781780687193
Category : Collection laws
Languages : en
Pages : 533
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Book Description
This 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.
Author: European Commission. Directorate-General for Justice
Publisher:
ISBN: 9789279298455
Category : Consumer protection
Languages : en
Pages : 68
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Book Description
In the context of the objectives of assuring access to justice and of seeking the creation of the area of freedom, security and justice in the EU, the European small claims procedure has the key aim of simplifying and speeding up litigation across borders within the EU in claims of low value and thus of reducing the costs of such litigation between the Member States (see Article 1 and recitals 1, 7, 8 and 36). To achieve this the procedure places emphasis on the need for relative simplicity of the proceedings, notably that the procedure should largely be written. Furthermore the role of the court is strengthened significantly as regards managing the progress of the case and in determining the issues between the parties in relation to the claim and the potential for parties to make use of the procedure without the need for, and attendant expense of, legal advice. The procedure is available to be used not only by individuals or groups of consumers, for whom it may be particularly appropriate, but also by small businesses confronted with cross-border disputes as part of their affairs. The aim for the procedure to be speedy is to be achieved by the observance of the specific time limits set in respect of various stages of the procedure. Restriction of costs is also an important aim and the duty is placed on the court to ensure that the costs awarded are not disproportionate to the value of the claim. One of the main continuing concerns voiced over the functioning of Civil Justice systems, notably in relation to the possibility for ordinary citizens to access the courts and seek redress for claims quickly and without having to spend large sums of money on legal advice, has been in the area of claims of low value especially those made by individuals against businesses or other individuals where the time, effort and cost involved can often be grossly disproportionate to the value of the claim. To address this, many legal systems in the Member States of the EU have devised special procedures characterised by efforts to simplify and to reduce the expense and accelerate the resolution of such claims by individuals or small businesses. In many of these procedures a number of common features are found such as restriction of costs awarded, absence of lawyers, simplification of rules of evidence and generally the placing on the courts of more responsibility to manage cases and to achieve speedy resolution by decision or agreement of the parties. -- EU Bookshop.
Author: Vesna Rijavec
Publisher: Kluwer Law International B.V.
ISBN: 9041166653
Category : Law
Languages : en
Pages : 450
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Book Description
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Author:
Publisher:
ISBN: 9789282353400
Category :
Languages : en
Pages : 8
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Book Description
Author: Commission of the European Communities
Publisher:
ISBN:
Category : Civil procedure (International law)
Languages : en
Pages : 78
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Author:
Publisher:
ISBN: 9789282396148
Category :
Languages : en
Pages : 32
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Book Description
The objective of this European Implementation Assessment is to form a broad picture of the overall achievements and difficulties recorded with the European order for payment procedure (EOP). The analysis explains, firstly, the background to the procedure and its main objectives, and clarifies how the Regulation establishing the procedure has evolved. It goes on to appraise the work carried out to date, in particular, the findings and recommendations of the Commission's 2015 report on the application of Regulation (EC) 1896/2006 establishing a European order for payment procedure, and the studies which supported the Commission's report. An overview of related EU instruments and relevant European Court of Justice (ECJ) case law is also provided. Overall, it transpires that the quality of reporting by the Member States on the functioning of the Regulation is not comprehensive.^Consequently, the Commission's ability to monitor the application of the procedure has so far been restricted, and the Commission's report, which is already late, lacks detail. In particular, the report is not based on consistent quantitative Member State data providing transparent feedback on the operation of the procedure's various provisions. Nevertheless, the Commission's report establishes that the Regulation seems to be functioning well, with no major problems recorded, in particular, as regards the abolition of exequatur. However, importantly, the report also reveals that only a limited number of Member States actively uses the procedure, notably Austria and Germany. Despite issues with monitoring and the limited extent to which the procedure is used, the report considers overall that the Regulation does not require updating. A range of measures to improve its functioning could, however, be considered.^In light of the limited take-up of the procedure, this in-depth analysis critically reviews the Commission's related findings and draws on other sources examining the functioning of the procedure and the broader EU policy of cross-border debt recovery. In this context, an in-house analysis of a number of the Regulation's provisions is also provided, arguing that the effect of certain provisions in the Regulation is potentially detrimental to use of the EOP. Various possible operational improvements to the EOP are identified, which might, in particular, have a positive impact on implementation and monitoring. The analysis concludes that the Regulation may well, in fact, benefit from the roll-out of additional initiatives to improve its functioning.^A further review of the EOP is also recommended for the future, in conjunction with a review of the revised European small claims procedure, to ascertain how the application of these instruments has modernised and brought efficiency to the recovery of cross-border debt in the EU. Finally, the EOP is reviewed against key evaluation criteria in a summary table.
Author: Tjaša Ivanc
Publisher:
ISBN: 9789612866013
Category :
Languages : sl
Pages : 0
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