Simplified Proceedings For Small Cases In Slovakia

Abstract

This article focuses on the idea of simplified civil proceedings in Slovakia. The Slovak Republic, which is a member of the European Union, has adopted EU regulations. In particular, the European Small Claims Procedure. This procedure has inspired Slovak legislators to reconsider the conditions for dealing with small cases in civil proceedings. As the consideration of small cases by the court in general is often unfavorable for the parties, the parties refuse to defend their rights. And if a small case is heard in court, the money and time spent on the case is disproportionate to the result. In such cases, the person's right to access to justice and trial within a reasonable time, the principle of proportionality, is violated. Thus, special conditions of consideration were created for individual small cases.

Simplified proceedings in Slovakia do not have a clear mechanism. It is a legal norm that creates exceptions to the general rules of consideration for certain categories of cases in civil proceedings. Slovak legislators do not provide a definition of "small case", but simply establish a list of conditions under which a judge may classify a case as small. As in the European Small Claims Procedure, such conditions include: simplicity of the case, clear monetary threshold, certain categories of cases (labor and consumer disputes). The judge decides on the consideration of such cases in a simplified procedure. The case is considered in writing, without summoning the parties to court and without the obligatory participation of a lawyer for the parties. The judgment and its execution is in accordance with the general procedure of the legislation of Slovakia. The Civilný sporový poriadok does not provide special conditions for appealing a court decision taken in the framework of simplified civil proceedings.