Relief in Small and Simple Matters in an Age of Austerity

67 Pages Posted: 27 May 2015 Last revised: 30 Sep 2015

Xandra E. Kramer

Erasmus University Rotterdam (EUR), Erasmus School of Law; Utrecht University School of Law

Shusuke Kakiuchi

University of Tokyo - Faculty of Law

Date Written: July 1, 2015

Abstract

Austerity measures have a big impact on the court financing, legal aid system, and civil procedure in general in many countries. This paper aims to outline the various types of procedures for small and simple matters from a comparative perspective, based on nineteen national reports, and to explore the design and use of these procedures against the background of austerity. The main questions are whether, and if so, in what regard, austerity has affected the availability and use of simplified procedures in the jurisdictions involved in the research, and how these procedures tie in with austerity schemes.

It first discusses the need for simplified legal procedures in civil matters, the different procedural models and applicability criteria, and their effects on procedural efficiency and procedural justice. Second, it frames austerity in the countries involved in this research, and discusses the general effects of austerity on the funding of the judiciary and civil procedure in these countries. Third, relief in simple and small matters and the use of simplified procedures are analysed with a view to austerity. It concludes by designating relevant factors in managing austerity and the role of simplified procedures in this regard.

Notes: This is a general report for the XV World Congress of procedural law of the International Association of Procedural law, dedicated to Civil Procedure in the Age of Austerity, and was presented in Istanbul on 26th May 2015.

Keywords: small and simple matters, austerity, access to justice, small claims, order for payment, summary proceedings

JEL Classification: K40, K41, K49, K20, O10

Suggested Citation

Kramer, Xandra E. and Kakiuchi, Shusuke, Relief in Small and Simple Matters in an Age of Austerity (July 1, 2015). Available at SSRN: https://ssrn.com/abstract=2610773 or http://dx.doi.org/10.2139/ssrn.2610773

Xandra E. Kramer (Contact Author)

Erasmus University Rotterdam (EUR), Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Utrecht University School of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

Shusuke Kakiuchi

University of Tokyo - Faculty of Law ( email )

7-3-1 Hongo Bunkyo-Ku
Tokyo, 113
Japan

Paper statistics

Downloads
179
Rank
134,687
Abstract Views
590