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A Ten-Year-Long “EU Mediation Paradox”- When an EU Directive Needs To Be More …Directive

21-11-2018

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Ten years since its adoption, the EU Mediation Directive remains very far from reaching its stated goals. This briefing summarises the main achievements and failures in the implementation at national level. In addition, it assesses the conclusions of previous research and of the European Parliament's resolution on the implmentation of the Mediation Directive.

Ārējais autors

Giuseppe De Palo, Professor of Alternative Dispute Resolution Law and Practice at Mitchell Hamline School of Law, St Paul, U.S.A

The Mediation Directive

16-12-2016

Taking into account the limited objectives set within the Mediation Directive, namely to facilitate access to alternative dispute resolution and promote mediation that would operate in a balanced relationship with judicial proceedings, its implementation throughout the European Union has been rather successful and unproblematic. In some Member States, it has triggered the establishment of previously non-existent mechanisms and institutions; in others, it has ensured some alignment of procedural law ...

Taking into account the limited objectives set within the Mediation Directive, namely to facilitate access to alternative dispute resolution and promote mediation that would operate in a balanced relationship with judicial proceedings, its implementation throughout the European Union has been rather successful and unproblematic. In some Member States, it has triggered the establishment of previously non-existent mechanisms and institutions; in others, it has ensured some alignment of procedural law and various practices. The challenges lying ahead are linked to the limitations of comparing different national solutions without the benefit of coherent data on the use and impact of mediation, and to experience with the implementation of other European Union (EU) acts (such as the Alternative Dispute Resolution (ADR) Directive from 2013). The growing recognition of the usefulness of mediation as such will in any case be further strengthened by the continuous exchange of best practices in different national jurisdictions, supported by appropriate action at the European level.

The Implementation of the Mediation Directive - Workshop on 29 November 2016

21-11-2016

The workshop, organised by the Policy Department for Citizens' Rights and Constitutional Affairs upon request by the JURI Committee, will provide an opportunity to discuss the state of implementation of the Mediation Directive (2008/52/EC), in the light of the recently published European Commission report on the application of the Directive (COM (2016) 542) and in view of the European Parliament's Implementation Report. The papers included in this compilation examine the application of the Mediation ...

The workshop, organised by the Policy Department for Citizens' Rights and Constitutional Affairs upon request by the JURI Committee, will provide an opportunity to discuss the state of implementation of the Mediation Directive (2008/52/EC), in the light of the recently published European Commission report on the application of the Directive (COM (2016) 542) and in view of the European Parliament's Implementation Report. The papers included in this compilation examine the application of the Mediation Directive in the Member States, as well as its relationship with both judicial proceedings and other forms of alternative and online dispute resolution. The papers propose possible avenues to improve the situation, in particular by promoting a better use of mediation and ADR and facilitating the intra-EU recognition of settlements.

Ārējais autors

Giuseppe DE PALO, Leonardo D’URSO, Geoffrey VOS, Felix STEFFEK, Carlos ESPLUGUES, Jose Luis IGLESIAS and Jin Ho VERDONSCHOT

National Ombudsmen in the EU

23-09-2010

All but one EU Member State has a national Ombudsman as part of the checks and balances of their constitution. Whilst their mandates, powers and jurisdictions vary, along with their titles, each can play an important role as an independent defender of citizens’ rights. Although the Ombudsman originated in Sweden in the nineteenth century, it is in the second half of the twentieth that the institution was adopted internationally. The growth of public administrations after 1945 is seen as the initial ...

All but one EU Member State has a national Ombudsman as part of the checks and balances of their constitution. Whilst their mandates, powers and jurisdictions vary, along with their titles, each can play an important role as an independent defender of citizens’ rights. Although the Ombudsman originated in Sweden in the nineteenth century, it is in the second half of the twentieth that the institution was adopted internationally. The growth of public administrations after 1945 is seen as the initial catalyst, with the adoption of human rights conventions in new democracies precipitating a second wave of new Ombudsmen more recently. Recent studies suggest three models of Ombudsman exist. Those without coercive powers must rely on both the public nature of their recommendations and their own moral authority. However, those with stronger powers particularly with regards to the judiciary, face criticism for jeopardising its independence. In newer institutions, human rights have become a central concern. In Europe, both the Council of Europe and, in more recent times, the EU have taken measures to support and promote Ombudsman institutions and allow exchanges of good practice.  

What Lessons Can Be Drawn, for the Future EU Fundamental Rights Agency, from the Experiences at Member State Level, by the Bodies or Institutions That Have a Similar Competence in the Field of Human Rights at National Level

01-02-2006

Ārējais autors

Olivier de Schutter

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