Revista Ítalo-española de Derecho procesal

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Revista Ítalo-española de Derecho procesal: explore artículos, investigaciones y desarrollos en derecho civil y penal de Italia y España.

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Articles in this Journal

A Significant Commitment: The Introduction of a Unified European Code on ADRS to Regulate Consumer Disputes. Several Challenges in the Enforcement Area

The need to provide alternative forms of justice to ordinary courts in the European context has been considered a fundamental chapter in consumer protection policies for many years, addressing the so-called “weaker party£ in a contractual relationshi...

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Digitalisation of the European Small Claims Procedure through Blockchain

The study explores blockchain's potential in transforming the European Small Claims Procedure (ESCP), proposing its integration into the ESCP paradigm for cross-border disputes under €5,000. It reviews the legal digitalisation and blockchain literatu...

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AI-Based Automation of the European Small Claims Procedure: Legal Framework Mapping

The paper explores current legal regulations regarding AI-based automation (full or partial) of the European Small Claims Procedure (ESCP). It analyzes European-level legislation, focusing on personal data protection (specifically Article 22 of the G...

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The challenges of digitalization of civil justice: towards a flexible orality

Small claims proceedings are increasingly characterized by the prevalence of writing over orality. EU Regulation No. 861/2007 provides for proceedings that reduces but does not eliminate oral and direct contact between parties and judge. The author c...

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Ex officio Application of EU Consumer Law in the Enforcement of the ESCP Judgments

The main aim of the European Small Claims Procedure (ESCP) is to simplify citizens’ access to justice by accelerating adjudication in small value disputes in cross-border cases, decreasing the costs of the proceedings and simplifying the recognition...

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Judicial Powers of Initiative Under the European Small Claims Procedure

 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...

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

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 i...

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Streamlining the Small Claims Procedure in North Macedonia: How Far are we from Digitalisation at National and European Cross- Border Level?

The streamlining of small claims procedures has preoccupied national and European legislators for some time. Unfortunately, what is happening at the European level and beyond, until recently did not find an echo in the Macedonian small claims procedu...

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Belgium’s Extrajudicial Recovery of Uncontested Money Debts: Can an Extension to Consumer Debt be Envisaged?

Consumer debt is a pervasive issue that imperils both debtors and their creditors. Belgium has in the past created an out-of-court gateway for creditors to recover debt in business to business relationships. Discussions on whether to extend that sche...

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

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 nego...