Elena D'Alessandro

Empirical Analysis on the Application of the Eu Small Claims Regulation in Italy

Introduction

Empirical analysis on the application of the eu small claims regulation in italy. Examines challenges in implementing the EU Small Claims Regulation in Italy, including appeals, costs, and alignment with national negotiation laws. Discusses needed adjustments.

Abstract

The article explores the challenges faced in implementing the European Small Claims Regulation in Italy, focusing on issues such as a high number of appeals, disproportionate costs, and the alignment with national legislation mandating mandatory negotiation. It discusses the need for adjustments to achieve the ESCP's objectives effectively. Despite these challenges, positive developments are also noted.

Review

This article presents a focused and timely empirical analysis of the European Small Claims Regulation (ESCP) within the Italian legal framework. It effectively pinpoints the practical difficulties and structural misalignments encountered during its implementation, offering valuable insights into the complexities of integrating supranational regulations with diverse domestic legal systems. The study's emphasis on real-world application is crucial, moving beyond theoretical discussions to examine the actual efficacy of such instruments in achieving their intended goals. The core of the analysis centers on several significant challenges that appear to impede the ESCP's objectives in Italy. The abstract highlights a concerningly high number of appeals, which suggests potential issues with the initial application of the regulation or perceived fairness of decisions, thereby undermining its efficiency. Furthermore, the mention of disproportionate costs raises questions about the regulation's accessibility and its ability to provide a genuinely streamlined and affordable dispute resolution mechanism. A critical observation is the tension between the ESCP and Italy's national legislation mandating preliminary negotiation, which could create procedural hurdles and undermine the very essence of a "small claims" process designed for simplicity and speed. Despite these significant hurdles, the abstract intriguingly notes the presence of "positive developments," implying that while challenges are substantial, the regulation is not without its merits or successful applications in certain contexts. This empirical study offers crucial insights for policymakers, legal practitioners, and scholars interested in cross-border civil justice and regulatory harmonization. The identified need for "adjustments to achieve the ESCP's objectives effectively" points towards specific areas for reform, not only within Italy but potentially inspiring similar evaluations in other member states. By pinpointing concrete obstacles such as costs and legislative conflicts, the article provides a strong foundation for future research and legislative fine-tuning, ensuring that the ESCP can truly fulfill its promise of simplifying and expediting cross-border small claims. Its contribution lies in providing evidence-based recommendations for improving legal interoperability within the EU.

Full Text

Comments

You need to be logged in to post a comment.