Original scientific paper
https://doi.org/10.3935/zpfz.75.4.1
Measuring Proportionality? A Prototype for a Broader Methodological Application
Juraj Brozović
orcid.org/0000-0003-2362-4580
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Providing everyone an equal chance of accessing justice requires adapting proceedings to the complexity, value, and social importance of each case. Many countries achieve this goal by laying down simplified rules for small claims proceedings. In Croatia, such endeavors have been unsuccessful, as evidenced by earlier empirical findings. However, two key circumstances justify a reassessment of this conclusion. First, recent procedural reforms of 2022 granted the court discretion to render decisions in small claims disputes without conducting hearings, along with other simplifications. Also, upgrades have been made to the ICMS, enabling even more extensive aggregate analysis. This paper aims to assess whether small claims disputes are now processed faster, with fewer hearings, and simplified evidentiary proceedings. A combination of correlation analysis and general descriptive statistics could represent a model for analyzing similar reforms in other countries.
Keywords
court efficiency; procedural proportionality; empirical analysis; correlation analysis; descriptive statistics
Hrčak ID:
341522
URI
Publication date:
17.12.2025.
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