Acta Universitatis Danubius. Juridica, Vol 6, No 1 (2010)

Abstract

For the smooth operation of the internal market and in order to build a space of freedom, security and justice the Community has adopted, among others, a series of measures that will eliminate the obstacles standing in the way of civil procedures on judicial cooperation in judicial matters with cross-borders implications in recovering small claims. In this context, CE Regulation no.861 on July, 11^th 2007 was adopted by the Parliament and the Council on establishing a European procedure for small claims. Considering the fact that the Regulation expressly provisions that the European procedure on small claims is regulated by the norms of procedural law in the member state in which the procedure is deployed at the claimant’s request, the draft of Code of civil procedure regulated, among the special judicial procedures, the “procedure on small claims”. In the present study we will analyze this form of special judicial procedure and will make some suggestions on the present completion and amendment of the draft, hoping that its authors will take it into consideration, with the purpose of recovering the small claims in due time and the parties will benefit of a fair trial. We consider that in its final form, the regulation of this procedure will correspond to the requirements of the Romanian legislation.