Relief in Small and Simple Matters in an Age of Austerity

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.

Note: 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