ENSURING THE EFFICIENCY OF CIVIL PROCEEDINGS: CURRENT EUROPEAN TRENDS

Анотація

Recently two important documents were released confirming that ensuring efficiency of civil proceedings is among the trends in Europe.These are the draft Directive on Common Minimum Standards of Civil Procedure in the European Union (2017) and the Model European Rules of Civil Procedure (published in 2021).Both documents pay great attention to the provisions ensuring the efficiency of civil proceedings.This article among first aims to provide a comparative analysis of the instruments of ensuring the efficiency of proceedings they suggest, in particular, on the cooperation and proportionality principles, the reasoning of court decisions and case management.Our analysis showed many similarities between those documents in the relevant sphere, for instance, both acts confirm the recent trends of attributing case management and the duty of cooperation to instruments of efficiency of proceedings.Also, they both provide a similar standard for the reasoning of court decisions.At the same time, while the Draft Directive provides a separate section for procedural efficiency, similar provisions could be identified in the different parts of the Model European Rules.Also, the Draft Directive pays major attention to the court's duties regarding efficiency and the Model European Rules share such duties between the court and parties to the dispute.The study showed that Ukrainian civil procedure has a low level of alignment with the instruments of ensuring the efficiency of proceedings proposed by the Draft Directive and the Model European Rules.This, in particular, relates to rules on case management as an important instrument for ensuring procedural efficiency.Considering the path towards full membership in the European Union, Ukraine should take a close look at and consider those legal documents.

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