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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.

External author

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

Judicial cooperation in civil matters

01-03-2018

Free movement of goods, services, capital and people across borders is constantly on the increase. In civil matters having cross-border implications, the European Union is developing judicial cooperation, building bridges between the different legal systems. Its main objectives are legal certainty and easy and effective access to justice, implying identification of the competent jurisdiction, clear designation of the applicable law and speedy and effective recognition and enforcement procedures.

Free movement of goods, services, capital and people across borders is constantly on the increase. In civil matters having cross-border implications, the European Union is developing judicial cooperation, building bridges between the different legal systems. Its main objectives are legal certainty and easy and effective access to justice, implying identification of the competent jurisdiction, clear designation of the applicable law and speedy and effective recognition and enforcement procedures.

Limitation periods for traffic accidents

27-06-2017

The Committee on Legal Affairs wants Parliament to call on the Commission to put forward a proposal for a directive to lay down common rules on limitation periods for civil claims arising from cross-border traffic accidents. Its report stresses the differences between Member States' rules, and the legal difficulties faced by victims of cross-border accidents.

The Committee on Legal Affairs wants Parliament to call on the Commission to put forward a proposal for a directive to lay down common rules on limitation periods for civil claims arising from cross-border traffic accidents. Its report stresses the differences between Member States' rules, and the legal difficulties faced by victims of cross-border accidents.

Prospects for a Multilateral Investment Court

14-06-2017

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

The European Law Institute/UNIDROIT Civil Procedure Projects as a Soft Law Tool to Resolve Conflicts of Law

13-01-2017

Upon request by the JURI Committee this paper describes the European Law Institute/UNIDROIT Project for a text establishing Principles of Transnational Civil Procedure and subsequent efforts to establish a European set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. It is a rolling programme of rules, with comments designed to produce soft-law.

Upon request by the JURI Committee this paper describes the European Law Institute/UNIDROIT Project for a text establishing Principles of Transnational Civil Procedure and subsequent efforts to establish a European set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. It is a rolling programme of rules, with comments designed to produce soft-law.

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.

Application of the European Order for Payment

25-11-2016

On 17 October 2016, Parliament's Legal Affairs Committee adopted a report on the application of the European Order for Payment procedure. The report is very critical of the Commission's belated implementation report and looks for the plenary to call upon the Commission to submit a fresh one.

On 17 October 2016, Parliament's Legal Affairs Committee adopted a report on the application of the European Order for Payment procedure. The report is very critical of the Commission's belated implementation report and looks for the plenary to call upon the Commission to submit a fresh one.

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.

External author

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

The European order for payment procedure: European Implementation Assessment

11-07-2016

This European Implementation Assessment aims to present an assessment of the functioning of the European order for payment procedure since its introduction, highlighting the main achievements of the procedure and the key implementation problems and concerns. Accordingly, this indepth analysis examines the European Commission's report on the application of the procedure and other published material on the subject by academics and practitioners, critically reviewing the overall findings. It has been ...

This European Implementation Assessment aims to present an assessment of the functioning of the European order for payment procedure since its introduction, highlighting the main achievements of the procedure and the key implementation problems and concerns. Accordingly, this indepth analysis examines the European Commission's report on the application of the procedure and other published material on the subject by academics and practitioners, critically reviewing the overall findings. It has been drafted to support the European Parliament's Committee on Legal Affairs' owninitiative Implementation Report on the EU order of payment procedure, rapporteur: Kostas Chrysogonos (GUE/NGL, Greece).

Harmonized Rules and Minimum Standards in the European Law of Civil Procedure

15-06-2016

Since 1999, the European Union has gained considerable experience in harmonizing procedural law. The regulatory approaches range from the coordination of national procedures to the enactment of self standing procedures. However, the practical impact of the European instruments is still disappointing. In this respect, the European lawmaker should not only focus on rules, minimum standards and self standing procedures, but also regard the judicial systems of the EU member states. Implementing legislation ...

Since 1999, the European Union has gained considerable experience in harmonizing procedural law. The regulatory approaches range from the coordination of national procedures to the enactment of self standing procedures. However, the practical impact of the European instruments is still disappointing. In this respect, the European lawmaker should not only focus on rules, minimum standards and self standing procedures, but also regard the judicial systems of the EU member states. Implementing legislation of Member States is an important tool to improve the practical impact of the EU instruments. In addition, legislative approaches should be based on clear concept and aim to pursue clear objectives. In this respect, the concept of “procedural minimum standards” still deserves further clarification.

External author

Burkhard HESS (Max Planck Institute, Luxembourg)

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