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The New Regulatory Framework for Consumer Dispute Resolution$
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Pablo Cortés

Print publication date: 2016

Print ISBN-13: 9780198766353

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198766353.001.0001

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Developments in European Civil Procedures

Developments in European Civil Procedures

Chapter:
(p.41) 2 Developments in European Civil Procedures
Source:
The New Regulatory Framework for Consumer Dispute Resolution
Author(s):

Pablo Cortés

Rafał Mańko

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766353.003.0003

This chapter is structured as follows. In Section B we explore the legal basis for the creation of European civil procedures and Europeanization of procedural private law in general. In Section C we provide an overview of existing EU instruments on civil procedure, which we propose to divide into three groups: optional instruments, horizontal instruments, and sector-specific instruments, enacted on the legal basis of Article 114 TFEU but nevertheless catching civil procedure within their scope. In Section D we focus on the recently amended European Small Claims Procedure and we draw attention to the missed opportunity of creating more synergy between the ESCP and ADR/ODR regulatory framework. We argue that the European ODR platform can be instrumental in raising awareness about the ESCP and that national courts employing the ESCP should encourage parties to consider more cost-effective ADR processes. Section E concludes.

Keywords:   European civil procedure, small claims, ADR, ODR, civil justice

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