European Small Claims Procedure, Importance And Characteristics

Session

Law

Description

One of the objectives of the European Community is to ensure the proper functioning of the internal market which is planned to be done by eliminating obstacles to the good functioning of civil proceedings.

As a result, uniform procedures with the same legal effect and relevance in all EU member states became necessary. The European small claims procedure is one of the first stages toward future civil procedural law unification within the European Union. Although, now we have the ELI/UNIDROIT Model European Rules of Civil Procedure as a major project on the field of civil law, the EU small claims procedure is important for it independent and stand-alone character.

The purpose of this research is to provide a critical analysis of the European small claims procedure and the Regulation (EC) no 861/2007 of the European Parliament and of the Council, its characteristics, the relevance and application so far in a comparative approach.

Keywords:

European civil procedure, civil procedure, small claims, EU Regulation.

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-47-5

Location

UBT Kampus, Lipjan

Start Date

30-10-2021 12:00 AM

End Date

30-10-2021 12:00 AM

DOI

10.33107/ubt-ic.2021.162

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Oct 30th, 12:00 AM Oct 30th, 12:00 AM

European Small Claims Procedure, Importance And Characteristics

UBT Kampus, Lipjan

One of the objectives of the European Community is to ensure the proper functioning of the internal market which is planned to be done by eliminating obstacles to the good functioning of civil proceedings.

As a result, uniform procedures with the same legal effect and relevance in all EU member states became necessary. The European small claims procedure is one of the first stages toward future civil procedural law unification within the European Union. Although, now we have the ELI/UNIDROIT Model European Rules of Civil Procedure as a major project on the field of civil law, the EU small claims procedure is important for it independent and stand-alone character.

The purpose of this research is to provide a critical analysis of the European small claims procedure and the Regulation (EC) no 861/2007 of the European Parliament and of the Council, its characteristics, the relevance and application so far in a comparative approach.