Tackling Language Obstacles in Cross-border Litigation: The European Order for Payment and the European Small Claims Procedure Approach

Alina Ontanu, ES Ivanova

    Research output: Contribution to journalArticleAcademicpeer-review

    Abstract

    In cross-border litigation, language differences are one of the main obstacles preventing parties from taking action and defending their rights. The Regulations creating a European Order for Payment Procedure (EOP) and establishing a European Small Claims Procedure (ESCP) have introduced the first EU-wide procedures, the goals of which are to simplify, speed up, and reduce the costs of cross-border litigation; they also include an attempt to reduce language obstacles. In cross-border litigation, language differences are one of the main obstacles preventing parties from taking action and defending their rights. The Regulations creating a European Order for Payment Procedure (EOP) and establishing a European Small Claims Procedure (ESCP) have introduced the first EU-wide procedures, the goals of which are to simplify, speed up, and reduce the costs of cross-border litigation; they also include an attempt to reduce language obstacles. However, the simplification they propose must not sacrifice parties’ right of access to justice and fair trial. This paper addresses the question as to the way language obstacles in cross-border litigation are tackled by the EOP and the ESCP. It further seeks to determine the extent to which these instruments balance the aim to simplify the procedures by reducing language obstacles and the parties’ right to a fair trial and access to justice.
    Original languageEnglish
    Pages (from-to)169-186
    Number of pages18
    JournalErasmus Law Review
    Volume5
    Issue number3
    Publication statusPublished - 2012

    Research programs

    • SAI 2008-06 BACT

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