Building Semantic Interoperability for European Civil Proceedings Online
This chapter addresses the technological and semantic interoperability aspects relevant to the European Civil Proceedings Online, in particular to the European Small Claims Procedure and the European Order for Payment Procedure. It starts by offering an o
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Building Semantic Interoperability for European Civil Proceedings Online Marta Poblet, Josep Suquet, Antoni Roig, and Jorge González-Conejero
Abstract This chapter addresses the technological and semantic interoperability aspects relevant to the European Civil Proceedings Online, in particular to the European Small Claims Procedure and the European Order for Payment Procedure. It starts by offering an overview of the background of Semantic Web Technologies and presenting the concept of Semantic Interoperability. Secondly, it reviews ontologies as one of the most appropriate tools when it comes to addressing and solving a number of semantic issues, such as the existence of different legal terms and languages. Moreover, ontologies can be combined with other tools such as a XML mark-up language or a FAQ (Frequenly Asked Questions) list of terms. The chapter also identifies seven general semantic tools that can be relevant to solving some of the semantic issues identified so far. Finally, the chapter ends with some concluding remarks on semantic technologies and its role in assisting the parties of a process.
12.1 Introduction: Semantic Interoperability Issues for the European Small Claims Procedure (ESCP) and European Order for Payment Procedure (EPO) The European Union Treaty solemnly enshrines the objective of maintaining and developing an area of freedom, security and justice that ensures the free movement of persons. To fulfil this objective, the European institutions have adopted different legal instruments in the field of judicial cooperation in civil matters having
M. Poblet () • J. Suquet • A. Roig • J. González-Conejero Institute of Law and Technology (IDT), Universitat Autònoma de Barcelona, Bellaterra (Cerdanyola del Vallès), Spain e-mail: [email protected] F. Contini and G.F. Lanzara (eds.), The Circulation of Agency in E-Justice, Law, Governance and Technology Series 13, DOI 10.1007/978-94-007-7525-1__12, © Springer ScienceCBusiness Media Dordrecht 2014
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cross-border implications.1 In particular, Regulation (EC) 861/2007 of the European Parliament and of the Council of 11 July 2007, establishing a European Small Claims Procedure (hereinafter, ESCP), and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006, creating a European order for payment procedure (hereinafter, EPO), are two specific measures aimed at eliminating obstacles to the good functioning of civil proceedings. Both regulations provide standard forms to be used by the courts and the parties, as well as some guidelines for filling in these forms properly. For instance, the ESCP Regulation provides a standard form and some guidelines for the claimant to fill in the claim (Annex I, Form A), a standard form for the court or tribunal to request the claimant to complete or rectify the claim form (Annex II, Form B) and a standard form for the defendant to answer the claimant with some guidelines for the defendant (Annex III, Part II of Form C). However, even if these stand
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