Article | The Procedure of Small Claims: Arguments and Ideas from Europe and Italy for Ukrainian Reforms |
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Authors |
Silvestri E.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 8 / 2017 |
Pages | 147 - 153 |
Annotation | The essay sketches the main features of the Regulation establishing a European Small Claims Procedure of 2007 and briefly describes the procedural model designed by Italian legislators as regards small claims. Starting from the assumption that small claims, whether domestic or cross-border, affect a large number of individuals in their everyday dealings, the essay expands on the reasons for the modest success of the European Small Claims Procedure, emphasizing the fact that the amendments to the Regulation that are supposed to enter into force in July 2017 are not likely to change the situation. Since small claims must be settled in an expedited and cost-effective way, the European institutions should combine the judicial procedure designed by the Regulation with ADR methods. In the final part of the essay, the author advances several modest proposals for the introduction in the new Ukrainian Code of Civil Procedure of a special proceeding designed to dispose of small claims disputes, keeping in mind, though, that small claims are particularly suited for a mediated resolution. |
Keywords | European Union small claims procedure, civil procedure, small claims, civil procedure in the European Union, alternative dispute resolution |
References | |
Electronic version | Download |