The Use of Information Technologies in the European Union’s Special Regulations on Cross-Border Civil Procedure : Regulations on the Order for Payment, Small Claims, Service of Documents and Taking of Evidence

This dissertation analyzes the integration of Information Technologies (IT) into the European Union’s legal framework for cross-border civil litigation. The study focuses on five specific instruments: the European Order for Payment (EOP), the European Small Claims Procedure (ESCP), the Regulation on Service of Documents, the Regulation on Taking of Evidence, and the e-CODEX Regulation. Using an interdisciplinary methodology, the research explores the complex "tangled interrelationship" between law and technology, highlighting how digital tools both facilitate and complicate access to justice. The analysis identifies critical challenges in the digitalization process, including the fragmentation of national IT infrastructures, institutional complexity, and the tension between procedural standardization and judicial discretion. It evaluates the effectiveness of the e-Justice Portal and the operational constraints of the e-CODEX system, noting the difficulties in achieving genuine interoperability across diverse national legal systems. Furthermore, the dissertation examines the future of EU e-Justice in the context of the Regulation on the Digitalisation of Judicial Cooperation (2023). It assesses the shift toward a "digital by default" principle, where secure, decentralized IT systems become the standard for communication between competent authorities. The author concludes that while the e-CODEX system offers a viable path for modernization, a balanced approach managing legal, technological, and institutional factors is essential to ensure fairness and efficiency in cross-border proceedings.

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