ZPP- E: PREVIEW
The fall is bringing some interesting changes in the sphere of civil procedure law. The amending act, which is the fifth amendment of the Civil procedure act (ZPP- E), becomes applicable on the 14th of September 2017. The amending act does not touch the foundation structure of civil procedure, but is introducing some important novelties (
At first, the Amendment ZPP- E was announcing very broadly- based changes. The main goals of the Amendment, as described by the draftsman, were supposed to be:
1. Enhancing the judicial authority and with that the enhancement the authority of rule of law. The amendment should achieve the latter goal primarily with the enhancement of the position of judges of all instances.
2. The Court proceedings should follow the goal, that the substantial truth is established. The parties must act in a way that the proceedings take place without delays and with as minimal cost as possible. The amendment should follow this goal primarily with the imposition of new rules about the role of parties and the proceedings regarding evidence.
3. The elimination of unconstitutional legal vacuum about the procedural material containing confidential data, relief of judge and the incentive of parties to settlement. The amendment should govern new articles regarding procedural material, which contains confidential data, it should suggest the transfer of additional tasks to legal secretaries and judicial assistants.
The original plans of the draftsman were not attained entirely, it has come to a comprehensive reduction of amendments in the coordination phases. It can be preliminary summarized, that although the amendment does not address changes on a foundational, principle level, the amendment is bringing changes, which in practice could have a big influence Summarized by the Civil Procedure Act (ZPP), unofficially consolidated text, with introduction explanations of the amendments of the Act and subject index by Aleš Galič, 6., supplemented edition, Ljubljana, UL RS 2017, page 15).
The amendment act ZPP- E is affecting several fields, which could be, in respect of its content, divided into several sets:
1. Principles and Court jurisdiction;
2. Parties and service;
3. Procedural costs, lawsuit and procedure regarding evidence;
4. Main hearing and confidential data;
5. Appeal and extraordinary judicial review.
Each material set will be enlarged in further contributes, with the emphasis on the amendments, that influence the parties.