This Study has as its general objective to identify the sources of costs of civil judicial proceedings in each Member State of the EU.
This objective will involve the following.
Comparing the costs incurred by litigants in different Member States;
Identifying variations in sources of costs and costs amounts;
Identifying how transparency of the costs of civil justice and the limitation of differences in sources of costs and cost amounts can foster greater access to justice;
Making recommendations for possible actions at the EU level, possibly through the establishment of legal standards, to facilitate access to justice by improving the transparency of costs of civil justice; and
Generally, identifying links, where appropriate and relevant, between costs of justice and access to justice for the citizens.
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or on +33145078729.
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Context of the Study
The European Union has granted a number of rights to its citizens such as the freedom of movement within its borders. These rights have changed the lives of many citizens. Exchanges in the EU have increased tenfold. However, EU citizens cannot take full advantage of these rights if they are not accompanied by the granting of other rights such as access to and affordability of justice.
The cost of access to justice in cross-border dispute constitutes an obstacle if not a deterrent when a legal system is used as or effectively is an artificial border against the affirmation of the right of movement. The cost of obtaining a judgment, in particular against a defendant in another Member State, is generally prohibitive and often disproportionate to the amount of the claim involved. Many creditors, faced with uncertain outcomes, unidentifiable costs and lengthy proceedings will not litigate and as a result will seldom risk doing business abroad.
The important variations in the sources of litigation costs and their amount raises obvious concerns as to the effective access to justice in cross-border disputes or in disputes involving EU citizens residing in a Member State without being nationals. These can lead to such citizens not exercising rights that they would exercise if it weren’t for the associated costs of litigation.
Increasing the transparency of costs in the European Area of Justice facilitates access to justice by enabling citizens to factor such costs in their decision-making processes. The final text of the Regulation of the European Parliament and of the Council establishing a European Small Claims Procedure includes in the recital that “it should be appropriate that details of costs to be charged are made public and that the means of setting any such costs are transparent”.
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Context and objectives 
