Vročanje in pravica do sodnega varstva v sodnih postopkih : doktorska disertacija

slovenian

doktorska dela

2016

civil procedure   right to judicial protection   service of documents

Univerza v Mariboru, Pravna fakulteta

Dissertation deals with the institute of service of documents in relation to the right to judicial protection in civil proceedings (access to justice). Different systems of service are discussed. Methods of service are compared with special attention to identification of errors, classification of errors and the possibility of their rectification. For the analysis of effectiveness and legal consequences of the service, we have identified subjects of service. We determined which documents have to be served and how. It is important to define who has to perform the service of documents. We have started from the assumption that every service of documents is related to the costs on the one hand and the time component (in particular the duration of the procedure) on the other. The efficiency of judicial proceedings is not measured only by its speed but also by the effective protection of the rights pursued by the parties during the procedure. Civil proceedings, which have been the subject of research, are based on a two-party rule, with conflicting interests. Therefore, an effective system of service significantly improves protection of the rights of both parties. An effective service system is the one that enables them to properly and effectively service the documents to the addressee. In accordance with this issue we have discussed fiction of the service that establishes a presumption of the service, even if the document has not been actually served. This is especially problematic when it comes to cross-border service as a fiction of the service does not meet the minimum procedural standards for the service set by the EU regulations. We have proved that the service is the subject of protection of fundamental rights under the ECHR convention and the constitutional rights. We have further analyzed the right to a fair trial and the right to appeal and other related rights guaranteed by the Convention. In the context of cross-border service, we have studied various systems of cross-border service, established by international conventions, treaties and EU regulations. We have researched the advantages offered by the electronic service and have made an analysis of projected savings when using this method of the service. We have compared various systems for the electronic service, in particular the difference between closed and open systems of the service.

08.08.2023