Scrutiny Information

Scrutiny date: 31/01/2014

Subsidiarity Concern:

  Important information to exchange

No Veto

Information on parliamentary scrutiny

The Committee on Justice discussed the proposal at its 33rd extraordinary meeting of 27 January 2014.

 

And at it's 91st meeting of 31 January 2014 the Committee on EU Affairs of the National Assembly of the Republic of Slovenia adopted the following Position:

 

The Republic of Slovenia supports the objectives for amending the Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, but it believes that the main objective, i.e. to enhance access to justice, could also be achieved through other amendments than those proposed.

 

It is understandable that the Regulation – as well as other regulations in the field of cross-border cooperation in civil and commercial affairs – cannot resolve or precisely foresee all procedural details. Therefore, particular issues are necessarily left to the national law. However, as far as essential issues are concerned, the application of the regulation must remain uniform in all Member States (and thus predictable for foreign users). An excessive number of important issues which are either left to the national law or wait to be harmonised through the EU court, undermines legal security and predictability.  

 

The Regulation contains too many issues which are important for practice, but remain unresolved – e.g. whether it is possible to apply the rules of the national law as regards the restriction on presentation of new facts and evidence (prescription), and how are the accumulation of claims and the joinder regulated.


Contact points for EU matters

IPEX Correspondents:
Phone: 00 386 4789920  Email Mrs. Aleksandra-Saša Lavrič Phone: 00 386 4789822  Email Ms. Polona Klemenčič
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