Daša Tičar, Lana K. Gotvan, Katarina Zajc

Effective National Approaches to Small Claims Procedures: Digital Enforcement in Slovenia

Introduction

Effective national approaches to small claims procedures: digital enforcement in slovenia. Discover Slovenia's effective digital enforcement for small claims. Learn how digital tools boost efficiency and reduce costs in national & European dispute resolution procedures.

Abstract

This paper reviews effective practices in small claims dispute resolution, namely digital enforcement of small claims in the Republic of Slovenia (hereinafter, Slovenia). This paper first presents the options available to a party with a small claim in Slovenia, including the national small claims procedure and the European small claims procedure, which coexist. Second, this paper outlines how digital enforcement in Slovenia further enhances the efficiency of small claims procedures and argues that it is one of the key tools for lowering the cost of enforcing a party’s rights. We discuss the positive and negative effects of digital enforcement and situate it within the broader system of legal options available to a party with a small claim. Third, we look at how digital tools could enhance the European small claims procedure and argue that the SCAN-II platform represents an important advance in simplifying and digitalising enforcement procedures.   The main purpose of small claims procedures is to minimise the cost and length of the proceedings as the costs of litigating such small claims often exceed the value of the dispute. Hence, parties are hesitant to initiate regular proceedings and protect their rights. In Slovenia, the mechanism of digital enforcement helps alleviate that risk. Digital enforcement is used for the recovery of a sum of money based on a trustworthy document and thus, there is no need for the party to file a suit first and enforce the judgment later on. The enforcement procedure can be initiated solely on the basis of a trustworthy document, which streamlines and expedites debt recovery. Thus, digital enforcement crucially supports parties in enforcing their rights, especially in cases where the stakes of the dispute are low.

Review

This paper, "Effective National Approaches to Small Claims Procedures: Digital Enforcement in Slovenia," offers a timely and pertinent analysis of innovative practices in small claims dispute resolution. It centers on the unique role of digital enforcement within Slovenia's legal landscape, which notably features the coexistence of both national and European small claims procedures. The core argument advanced is that digital enforcement significantly boosts the efficiency of these procedures, acting as a pivotal tool for lowering the costs associated with enforcing rights, especially in cases where the monetary value of the dispute is low and traditional litigation would be economically prohibitive. The paper effectively frames its investigation around the fundamental goal of small claims mechanisms: minimizing both costs and procedural length to ensure equitable access to justice. The review meticulously details the practical application of digital enforcement within Slovenia, elucidating how it markedly streamlines debt recovery. A key strength highlighted is the procedural innovation that allows for enforcement to be initiated solely based on a trustworthy document, thereby eliminating the necessity for a preceding lawsuit and subsequent judgment enforcement. This mechanism is presented as a critical instrument for expediting the recovery of sums of money, proving particularly advantageous for parties who might otherwise be deterred from pursuing their legal rights due to the anticipated high costs or protracted nature of conventional processes. While the abstract strongly emphasizes the positive implications, the paper also indicates an intention to discuss the broader context of legal options and both the advantages and potential drawbacks of digital enforcement, suggesting a balanced and comprehensive assessment. Extending its scope beyond national borders, the paper explores the potential for digital tools to enhance the European small claims procedure, specifically identifying the SCAN-II platform as a significant step forward. This forward-looking perspective underscores the broader applicability and potential transferability of Slovenia's successful experience, offering invaluable insights for other jurisdictions and the European Union in their ongoing efforts to modernize justice systems. The research provides substantial contributions for policymakers, legal practitioners, and academics focused on access to justice, the digitalization of legal services, and cross-border enforcement. By presenting a robust national model, the paper stimulates further investigation into how technology can significantly improve the accessibility and efficacy of legal recourse for small claims across Europe and beyond.

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