Efficient Conduct of Preparatory Proceedings

Abstract

The preparatory proceedings have existed for more than a decade in Croatian civil proceedings, but research has shown that it has not yet fulfilled its basic function in terms of speeding up and concentrating civil proceedings. This can be partly explained by the gradual and, to certain extent, casual approach to the reforms which have not always been done consistently and precisely, but also by the misunderstanding of the meaning of this special stage in the jurisprudence, i,e. the meaning of the tasks meant to be undertaken within it. The purpose of this paper is to (re)interpret the legal provisions on preparatory proceedings by applying modern understanding of civil justice, based on the results of empirical research and available case law, to analyze their application in the case law of higher courts and to give recommendations on how to make preparatory proceedings more effective in each of its substages. This paper also shows a critical departure from the existing practice and points out the significance of the announced amendments to the Civil Procedure Act of 2022.