This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure. The study offers an in-depth comparative and empirical analysis of the way these instruments function in interaction with national procedures in England and Wales, France, Italy, and Romania. The analysis combines available statistics with European and national case law, together with practitioners’ experience. This approach provides a comprehensive understanding of the difficulties encountered, and of the solutions chosen to overcome procedural intricacies and to secure parties’ procedural rights. The findings create a solid basis for enhancing judicial cooperation and addressing the practical aspects related to the application of the procedures. In its conclusion, the book discusses the ongoing developments taking shape in this area, and reflects on the implications that the legal standards established by the European uniform procedures have for future developments.
The book is of particular relevance for practitioners and courts applying the European Order for Payment and the European Small Claims Procedures; for European and national legislators, and policymakers working in this field; and for scholars interested in European civil procedure.
“The work of E. A. Oţanu therefore offers a timely reading. The detailed insight he provides of the implementation of the two regulations will be immediately useful for practitioners and the development of European harmonisation. In addition, it applies a method that can inspire any examination of a foreign text.” – Antonio d’Ornano, Revue critique de droit international privé 2018, p. 401
Chapter 1. Introduction (p. 1)
Chapter 2. A European Perspective on the EOP and the ESCP (p. 21)
Chapter 3. England and Wales (p. 57)
Chapter 4. France (p. 111)
Chapter 5. Italy (p. 191)
Chapter 6. Romania (p. 287)
Chapter 7. Comparative Perspectives on the Functioning of the EOP and ESCP (p. 365)
Chapter 8. Conclusions (p. 417)
Samenvatting (in Dutch) (p. 445)
Annex (p. 455)
Bibliography (p. 489)
Table of Cases (p. 525)
Subscribe to the series and receive a 15% discount on each volume.
The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
Guidelines for the submission of a manuscript or proposal can be found here.
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).