Towards the digitalization of the ESCP: a panacea for all evils?

After 17 years since its entry into force, the ESCP Regulation is still scarcely applied by national courts of EU Member States. Against this backdrop, the objective of this paper is evaluating whether digitalizing the procedure could save it from obsolescence. In this regard, it will be contended that the automation of the ESCP would not provide solutions to topical problems affecting the system, such as its limited integration in domestic legal systems and its full reliance on the Member States’ existing internal organization of the judiciary.

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Publication Details

Journal
Revista Ítalo-española de Derecho procesal
Published
2025-05-06
DOI
https://doi.org/10.37417/rivitsproc/2917
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00

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article

Towards the digitalization of the ESCP: a panacea for all evils?

Fulvio M. Palombino, Eloisa M.B. Bellucci
Revista Ítalo-española de Derecho procesal
European and International Contract Law
article

Towards the digitalization of the ESCP: a panacea for all evils?

Fulvio M. Palombino, Eloisa M.B. Bellucci
article en

Abstract

After 17 years since its entry into force, the ESCP Regulation is still scarcely applied by national courts of EU Member States. Against this backdrop, the objective of this paper is evaluating whether digitalizing the procedure could save it from obsolescence. In this regard, it will be contended that the automation of the ESCP would not provide solutions to topical problems affecting the system, such as its limited integration in domestic legal systems and its full reliance on the Member States’ existing internal organization of the judiciary.

Revista Ítalo-española de Derecho procesal
University of Rome Tor Vergata (IT), University of Naples Federico II (IT)
Directorate-General for Justice and Consumers, Directorate-General for Justice
Openalex Percentile: Top 85%
European and International Contract Law
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