Projects / Programmes
Analysis of the regulation of service in civil proceedings in selected EU countries with an emphasis on the effectiveness of the method of service and the possibilities of electronic service
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
service of documents, civil court procedure, right to judicial protection, electronic service, comparative views of service
Researchers (6)
Organisations (2)
Abstract
Within the research, different service systems will be examined in more detail. With legal comparative research analysis, we will analyze the different ways of service, with special attention being paid to identifying errors in service, their classification and the possibility of convalidation.
The effectiveness of court proceedings is not measured only by their speed, but also by the effective protection of rights that clients have during the proceeding. The legal proceeding that is a subject of study is based on two sides with, in general, opposed interests. Therefore, an effective service system is essential for protecting the rights of both sides. An effective service system is one that provides correct service of documents to the addressee. Regarding this issue we will be addressing the fiction of service, which establishes a presumption of service, although the documents have not actually been served. This is particularly problematic when it comes to cross-border service, since the fiction of service does not meet the minimum procedural standards laid down by EU service regulations.
We will try to determine how much the convention provisions on the protection of fundamental rights under the ECHR are incorporated into national procedural law on service. The existing arrangement will be analyzed from the aspect of constitutional legal protection, and the right to a fair trial and legal remedy as well as related convention rights and possibilities for amending the statutory arrangement.
We will point out the advantages provided by electronic service and do an analysis of the existing technical possibilities as well as a proposition for a more effective regulation of electronic service. We will compare the different electronic service systems with a distinction between open and closed service systems, we will also consider the European arrangement within the statutory validity of the eIDAS regulation (Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC).
Significance for science
The legal consequences of service in relation to the right to legal protection is a subject that has not yet been fully studied in scientific literature. The research will have a special value in establishing the comparative-legal approach. In doing so we will take into account interesting solutions from the Austrian and German regulations that are comparatively-legally the most adequate due to the common characteristics of procedural arrangements of the German continental circle, where the Slovene regulations also belong and have been developing through the Austrian historical regulations. Regardless of the comparative-legal arguments the title itself suggests that the main objective of the research is assessment of the adequacy of the Slovene regulation. This kind of complete assessment of service with emphasis on carefully identified problems has not yet been done therefore in the end, the research will present proposals how to change and improve the Slovene legislation in this field in order to serve justified interests for ensuring complete protection that is exercised with effective procedures and clear legal starting points. The systematical way of presentation and the conclusions will enable improvement of the practice especially after a full review of the judicature including most significant judiciaries. The analysis of electronic service regulation will also be a very important contribution.
The result of the task will present a significant theoretical and empirical contribution towards theory, especially within service system research (as well as from the aspect of electronic service) in specific conditions and in the usability of theoretical findings as contribution towards practice.
Significance for the country
The central part of our study will be the comparison of Slovene, German, Austrian, Croatian and Estonian service regulations. For the purpose of the analysis of the effectiveness and the legal consequences we will identify the object i.e. the subject of service. We will find out the ways in which each item is served. In our opinion, it is necessary to determine who is actually conducting the service. We came out from the assumption that every service is linked to costs on one side and a time component (especially the duration of the proceeding) on the other. Nevertheless, in the service system, the clients must be provided with effective protection of their rights.
After the identification and classification of individual documents we will analyze the method of service of each document. In doing so, we will also highlight the consequences that can be caused by errors in service and the possibility of eliminating (curing) them. In addition to identifying problems, we will also indicate possible de lege ferenda solutions.
Despite the traditionally conservative regulation of court proceedings, they are not immune to the advantages provided by the introduction of electronic working in court proceedings. In the CPA the legislation has provided legal grounds for electronically run court proceedings. Nevertheless, in practice, we encounter certain restrictions, since currently the most common civil procedure is not yet run electronically. We estimate that the consistent introduction of electronic service would have a significant impact on the costs of a particular proceeding, where both service users (the economy, the population) and the judicial system i.e. the state would benefit from the reduction of costs.
Most important scientific results
Annual report
2019,
final report
Most important socioeconomically and culturally relevant results
