THE EUROPEAN SMALL CLAIMS PROCEDURE AND THE FUTURE OF EU-WIDE PROCEDURAL INSTRUMENTS

Recent data shows that multiple EU Member States do not offer a simplified, effective, and harmonized procedure for domestic small claims. This data also shows that the European Small Claims Procedure (ESCP) and other European procedural instruments are not being widely used by litigants in Member States. In light of these developments, this paper argues that the EU legislature should extend the ESCP to domestic small claims in all Member States in addition to cross-boarder small claims. This expansion will have several advantages, including the protection of litigants’ access to justice, the harmonisation of small claims procedure across the EU, and the increased popularity of the ESCP amongst legal professionals. The paper also argues that extending the ESCP to domestic claims is a balanced and limited solution, and it does not violate the procedural autonomy of Member States, nor the fundamental principles of subsidiarity and proportionality.