A WRITTEN PROCEDURE IN SMALL CLAIMS CASES

A RADICAL CHANGE OF THE CURRENT PARADIGM

Abstract

Numerous countries have legislation governing special small claims procedures enhancing the  principle of cost-effectiveness and simplifying the  evidentiary procedure. Procedures that are  disproportionately lengthy in relation to the value of the subject matter of the dispute, produce large  litigation costs and make it difficult for citizens to  exercise their right to access justice. Furthermore,  such procedures cause harm to small and medium-sized enterprises in their regular operations and thus disrupt economic balance. The Croatian legislator,  through numerous amendments to the fundamental procedural law, has sought the most suitable  solution that would meet the needs of modern court proceedings and which would be integrated into the existing system. The most recent amendment to the Civil Procedure Act of 2022 introduced the principle of written proceedings for small claims as a  fundamental procedural principle, which represents a significant step towards modern litigation. A judge’s discretionary power to choose a written procedure depends on the circumstances of each particular case. If the judge assesses that in order to establish decisive facts it is not necessary to carry out an  evidentiary procedure and that a fair trial can be  ensured without holding a hearing, they can decide on that option, albeit appropriately reasoned. In this paper, we consider the existing legislative solutions that govern small claims procedures, examine their purpose, and present our own judgments on how to approach the analysed topic in a practical manner.