Right to a fair trial and mandatory mediation in the light of case law of the EU Court of Justice Cover Image

Právo na spravedlivý proces a obligatorní mediace ve světle judikatury Soudního dvora Evropské unie
Right to a fair trial and mandatory mediation in the light of case law of the EU Court of Justice

Author(s): Drahomíra Fridrichová
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Univerzita Palackého v Olomouci_1
Keywords: ADR methods; obligatory mediation; right to a fair trial; access to justice; Directive on universal services; Court of Justice of the EU;

Summary/Abstract: Some EU member states have introduced legislation upon an obligatory mediation (out-of-court settlement). Provisions must always comply with the right to a fair trial. There are certain conditions which have to be fulfilled. Court of Justice of the EU has summarized them in one of its judgments. It can be an inspiration for next attempts to regulate mandatory out-of-court procedure.

  • Issue Year: 11/2016
  • Issue No: 3
  • Page Range: 151-167
  • Page Count: 17
  • Language: Czech
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