Davide Turroni

Judicial Powers of Initiative Under the European Small Claims Procedure

Introduction

Judicial powers of initiative under the european small claims procedure. Explore judicial powers of initiative and ex officio powers within the European Small Claims Procedure (ESCP). Learn how court authority enhances small claims effectiveness.

Abstract

 European Small Claims Procedure Regulation contains a sparse cluster of provisions, whereby the court is conferred specific tasks implying various degrees of power to act of its own motion. Starting from the assumption that a comparatively high level of ex officio powers helps small claim procedures being more effective, this contribute highlights some relevant nodes of ESCP procedure and the extent therein of judicial powers of initiative.

Review

This paper addresses a highly pertinent topic within the realm of European civil procedure: the extent and nature of judicial powers of initiative within the European Small Claims Procedure (ESCP). The author sets out to explore how the ESCP Regulation, despite its relatively sparse provisions, confers various degrees of *ex officio* powers upon courts. Rooted in the premise that a robust level of judicial initiative enhances the effectiveness of small claims procedures, the contribution aims to delineate specific "relevant nodes" within the ESCP where such powers are evident, thereby mapping their scope. The research proposed holds significant value, particularly for understanding the practical implementation and potential efficacy of the ESCP, a mechanism designed to simplify and accelerate cross-border litigation for citizens and businesses. By specifically focusing on judicial initiative, the paper touches upon a critical aspect of procedural fairness and efficiency, especially in contexts where parties might lack legal representation or expertise. The promise to highlight specific "nodes" within the procedure suggests a detailed and practical analysis that could inform legal practitioners, academics, and policymakers alike on the operational dynamics and inherent strengths or weaknesses of the current regulatory framework. While the abstract clearly outlines a descriptive and analytical aim, future work or a deeper exploration within the paper could potentially benefit from a more explicit discussion of the *consequences* of the identified levels of judicial initiative, perhaps through case studies or a comparative lens with national small claims procedures. Nevertheless, this contribution appears to be a valuable and timely examination of a core element of EU procedural law. It is poised to offer critical insights into how the European Small Claims Procedure functions in practice and how judicial discretion can influence its stated goal of increased effectiveness.

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