"...There has been a lot to say on the efficiency of the Courts in the civil procedure code claims. The general opinion is that litigation procedures last over the reasonable time period. Even the judges ruling the cases share the general opinion. Searching for the reasons of such a state the commentators usually point out that judges are not efficient, expert or conscientious enough. It is partially based on methodologically disharmonies and non standardizes (therefore unreliable) statistical data, partially on anonymous questionnaires done by domestic and foreign nongovernmental and governmental organization[1] and partially on the judgmental opinion of the commentators themselves derived more on the current estimate of the fact liable to be presented to the public than on the serious studying of the situation in the justice system. It could be said that none of the sources forming the opinion and used so far have been reliable enough for the serious analysis of the reasons for the unreasonable length of the litigation procedure. The fact that even after the extra effort taken by the judges over the past few years there has not been significant improvement in the efficiency speaks as the justification[2]..."

"...The efficiency of the procedure is based on two issues. The first is the reasonable length and the other is that the disputable legal relationship is solved essentially (not only illusory) and thus harmonizes the disturbed or jeopardized system. The efficiency of the procedure in its quantity form (the length) can often be fully contradictory to other principles that the procedure should provide and that is for the party in the case to achieve lawful and righteous decision. In order to provide the real efficiency of the procedure (and not only quick one) it is necessary to reconcile these two principles. It is possible provided there could be a right measure found. If we, beside the comparative legal solutions and international standards imposing the quicker procedure, still recognize the specific conditions in our country – legal, historical, social, economical and others we can still achieve it..."

"... The old CPC establishes such a system of the instance control that shows great mistrust in the free estimate of the fist instance court to which the evidences are directly presented. Besides, this principle in the law text could be more detailed, since it is not clearly formulated to which extent of probability should a certain fact be reasonably doubtful. It is left for the standard of the best jurisprudence. The consequence is that courts, instead to investigate the circumstances to the measure that dismiss reasonable doubt, are exhausted trying to dismiss any doubt. The current rule on burden of proof (which exists to solve “unsolvable” situation) is almost symbolic. Since such a state in long-term experience only leads to the long procedure there should be greater significance given to the rule on burden of proof. It a reasonable, clear and efficient logic on the estimation of the case documents that quickly leads to the final outcome of case – it is up to the parties to, during the reasonable time, convince the court that something “is” or “is not” or not to convince the court of such – the result is the same either way, the case closes…"

"…It could be said that the general estimate, due to the significance that CPC trough certain provisions has imposed on the official and investigation principle, court has significantly more active role in the procedure which is necessary, even more than the parties and also has the complete responsibility for the parties disposition: when exercising the procedure (the obligation of the Court to teach the illiterate party, already taught of her/his right to legal assistance or that already has the assistance, of procedure and the consequences), the definition of the subject or documents  of the case (the obligation of the Court to assist the party in writing the petition, even the lawsuit) and collecting  the material (the obligation of the Court to ask for the clarification of the arguments and to officially collect and determine the evidences)…"

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