8

tulos(ta)

Hakusana(t)
Julkaisutyyppi
Toimiala
Laatija
Päivämäärä

Effective access to justice

15-11-2017

This study, commissioned by the European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs upon request by PETI Committee, aims to identify and understand the issues affecting effective access to justice raised by the EU citizens and residents in some Member States with the main aim to frame the analysis and obtain a fair representation of recurring issues pertaining to access to justice across the EU. It seeks to understand why citizens have turned to the EU institutions ...

This study, commissioned by the European Parliament Policy Department for Citizens’ Rights and Constitutional Affairs upon request by PETI Committee, aims to identify and understand the issues affecting effective access to justice raised by the EU citizens and residents in some Member States with the main aim to frame the analysis and obtain a fair representation of recurring issues pertaining to access to justice across the EU. It seeks to understand why citizens have turned to the EU institutions to seek access to justice, and looks at a large range of factors, including legal and procedural issues as well as practical, social, historical and political factors that underpin the issues raised in these petitions. More broadly, the study intends to assess the relevance of the petitions system to address access to justice issues experienced by citizens at national level.

Ulkopuolinen laatija

Ms Nathy Rass-Masson, Ms Virginie Rouas (Milieu)

The European order for payment procedure: European Implementation Assessment

11-07-2016

This European Implementation Assessment aims to present an assessment of the functioning of the European order for payment procedure since its introduction, highlighting the main achievements of the procedure and the key implementation problems and concerns. Accordingly, this indepth analysis examines the European Commission's report on the application of the procedure and other published material on the subject by academics and practitioners, critically reviewing the overall findings. It has been ...

This European Implementation Assessment aims to present an assessment of the functioning of the European order for payment procedure since its introduction, highlighting the main achievements of the procedure and the key implementation problems and concerns. Accordingly, this indepth analysis examines the European Commission's report on the application of the procedure and other published material on the subject by academics and practitioners, critically reviewing the overall findings. It has been drafted to support the European Parliament's Committee on Legal Affairs' owninitiative Implementation Report on the EU order of payment procedure, rapporteur: Kostas Chrysogonos (GUE/NGL, Greece).

Reform of the European Small Claims Procedure

14-07-2015

Second Edition - July 2015 On 23 June 2015, the European Parliament and the Council agreed on a compromise regarding the reform of the European Small Claims Procedure (ESCP). The compromise, which still requires to be formally adopted by the two co-legislators in the coming months, provides that the ceiling for claims will be raised from the current €2 000 to €5 000. In five years' time the Commission will be asked to look into the possibility of raising the ceiling even further. The court fees charged ...

Second Edition - July 2015 On 23 June 2015, the European Parliament and the Council agreed on a compromise regarding the reform of the European Small Claims Procedure (ESCP). The compromise, which still requires to be formally adopted by the two co-legislators in the coming months, provides that the ceiling for claims will be raised from the current €2 000 to €5 000. In five years' time the Commission will be asked to look into the possibility of raising the ceiling even further. The court fees charged to claimants will have to be proportional to the value of the claim, but there will be no fixed cap on fees. Member States will have to accept electronic payments of court fees. The Commission's proposal to expand the scope of the ESCP to domestic cases with some cross-border implications was not taken on board. Although for the time being employment cases will not be subject to the ESCP, the Commission will be asked to look into the matter again in five years' time. The use of remote communications technology, like videoconferencing, will be increased and encouraged, although the Member States will not be under a legal duty to install such equipment. This briefing updates an earlier edition of 20 May 2015, PE 557.014.

Reform of the European Small Claims Procedure

20-05-2015

The European Small Claims Procedure (ESCP) became operational on 1 January 2009, as a special, EU-wide procedure available both to consumers and traders for pursuing cross-border claims within the Internal Market of a value not exceeding €2 000. During the first five years of its existence, however, the ESCP has been used only rarely. In 2013, the Commission proposed to amend the ESCP Regulation, to raise the ceiling for claims to €10 000, expand the definition of a 'cross-border case', increase ...

The European Small Claims Procedure (ESCP) became operational on 1 January 2009, as a special, EU-wide procedure available both to consumers and traders for pursuing cross-border claims within the Internal Market of a value not exceeding €2 000. During the first five years of its existence, however, the ESCP has been used only rarely. In 2013, the Commission proposed to amend the ESCP Regulation, to raise the ceiling for claims to €10 000, expand the definition of a 'cross-border case', increase the use of electronic communication, introduce a ceiling on court fees (10% of the claim's value) and oblige Member States to accept payment of court fees in electronic form. In April 2015, Parliament's Legal Affairs Committee adopted its report. It proposes to rename the procedure the 'European Simplified Procedure' and raise the ceiling for claims to €5 000 against natural persons, and €10 000 against legal persons. It is against weakening the cross-border requirement, but would allow claims under labour law and privacy law to be included in the regulation. The Committee would also lower the ceiling for court fees from 10% to 5% of the claim's value. A more recent edition of this document is available. Find it by searching by the document title at this address: http://www.europarl.europa.eu/thinktank/en/home.html

European Small Claims Procedure - Legal analysis of the Commission's proposal to remedy weaknesses in the current system

06-11-2014

The number of small cross-border transactions, usually in business-to-consumer contacts, is steadily growing in the EU. If a transaction ends up in a way which does not satisfy the parties, they may want to go to court to get their money back or make sure a faulty good is repaired. However, national civil procedures are not well adapted for such cross-border litigation over small claims. That is why the EU legislature introduced a European Small Claims Procedure (ESCP) back in 2007. For various reasons ...

The number of small cross-border transactions, usually in business-to-consumer contacts, is steadily growing in the EU. If a transaction ends up in a way which does not satisfy the parties, they may want to go to court to get their money back or make sure a faulty good is repaired. However, national civil procedures are not well adapted for such cross-border litigation over small claims. That is why the EU legislature introduced a European Small Claims Procedure (ESCP) back in 2007. For various reasons, this initiative has not been a success and is being used only sparingly. The in-depth analysis aims at answering the question whether the Commission proposal to amend the ESCP, now before the Legal Affairs Committee of the Parliament, can help to remove the existing shortcomings and turn this procedure into a powerful tool in the hands of European consumers.

European Small Claims Procedure: Initial Appraisal of the Commission's Impact Assessment

14-03-2014

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying its proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) n°861/2007 establishing a European Small Claims Procedure and Regulation (EC) n° 1896/2006 creating a European order for payment procedure (COM (2013) 794), submitted on 19 November 2013. It analyses whether the principal criteria laid down in the Commission ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying its proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) n°861/2007 establishing a European Small Claims Procedure and Regulation (EC) n° 1896/2006 creating a European order for payment procedure (COM (2013) 794), submitted on 19 November 2013. It analyses whether the principal criteria laid down in the Commission’s own Impact Assessment Guidelines, as well as additional factors identified by the Parliament in its Impact Assessment Handbook, appear to be met by the IA. It does not attempt to deal with the substance of the proposal. It is drafted for informational and background purposes to assist the relevant parliamentary committee and Members more widely in their work.

European small claims procedure: An opportunity for enhancing cross-border enforcement

03-10-2013

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a number of coordination instruments (regulating conflicts of jurisdiction and mutual recognition) and created two autonomous EU civil procedures, including ...

Legislatures in some EU Member States (MS) have introduced special, simplified and accelerated tracks for small claims in legally uncomplicated cases. Those procedures vary both as regards the threshold and level of simplification. The Treaty of Amsterdam gave the EU powers to harmonise civil procedure. As part of that mandate, the EU has adopted a number of coordination instruments (regulating conflicts of jurisdiction and mutual recognition) and created two autonomous EU civil procedures, including the European Small Claims Procedure (ESCP).

Overview of Existing Collective Redress Schemes in EU Member States

15-07-2011

The briefing paper presents rationale and relevance of collective redress schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress ...

The briefing paper presents rationale and relevance of collective redress schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress with important consequences for equal access of European consumers to justice and cross-border use of collective redress.

Tulevat tapahtumat

26-10-2020
European Gender Equality Week - October 26-29, 2020
Muu tapahtuma -
FEMM
26-10-2020
Joint LIBE - FEMM Hearing on Trafficking in human beings
Kuulemistilaisuus -
LIBE FEMM
26-10-2020
Joint LIBE - FEMM Hearing on Trafficking in human beings
Kuulemistilaisuus -
FEMM

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