Simplifying Access to Justice in Cross-Border Litigation, the National Practices and the Limits of the EU Procedures. The Example of the Service of Documents in the Order for Payment Claims

Paper presented at 2015 EGPA Annual Conference, PSG XVIII: Justice and Court Administration (24 -29 August 2015, Toulouse, France)

31 Pages Posted: 15 Aug 2018

See all articles by Marco Velicogna

Marco Velicogna

IRSIG-CNR

Giampiero Lupo

CNR-IRSIG - Research Institute on Judicial Systems

Elena Alina Ontanu

Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: August 24, 2015

Abstract

Over the years, a number of regulations were adopted at EU level in an attempt to facilitate and simplify access to justice in cross-border litigation. Despite the various actions undertaken by the European legislator to establish a uniform procedural framework with regard to certain types of cross-border claims, numerous differences continue to exist. The recent efforts to digitalize cross-border procedures through the e-Codex project in order to allow an electronic filing of European uniform procedures claims between Member States have raised awareness as to the complexity and the impact of national procedural rules on the application of the European uniform procedures. Empirical data on the service of documents rules applicable in the European Order for Payments claims as well as domestic procedures used for equivalent purposes was collected in 16 EU jurisdictions. This paper investigates the way the implementation and coordination between the national service of documents rules and the service standards set by the Regulation impact on the application of the European Order for Payment and, subsequently, on the parties’ access to justice. To conclude, the paper focuses on the possible solutions and actions that could mitigate the difficulties encountered in the present legal framework.

Keywords: access to justice, e-Codex, European Order for Payment, national order for payment procedures, procedural standards, service of documents

Suggested Citation

Velicogna, Marco and Lupo, Giampiero and Ontanu, Elena Alina, Simplifying Access to Justice in Cross-Border Litigation, the National Practices and the Limits of the EU Procedures. The Example of the Service of Documents in the Order for Payment Claims (August 24, 2015). Paper presented at 2015 EGPA Annual Conference, PSG XVIII: Justice and Court Administration (24 -29 August 2015, Toulouse, France) . Available at SSRN: https://ssrn.com/abstract=3224271 or http://dx.doi.org/10.2139/ssrn.3224271

Marco Velicogna (Contact Author)

IRSIG-CNR ( email )

Via Zamboni, 26
Bologna, 40126
Italy

Giampiero Lupo

CNR-IRSIG - Research Institute on Judicial Systems ( email )

Via Zamboni 26
Bologna, 40126
Italy

Elena Alina Ontanu

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

Burgemeester Oudlaan 50
3000 DR Rotterdam, 3062PA
Netherlands

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