This document discusses a project proposal for promoting alternative dispute resolution (ADR) to strengthen consumer protection and human rights in Bosnia and Herzegovina. It notes that consumer rights are closely tied to human rights. The proposal aims to introduce European ADR legislation to relevant stakeholders in B&H to help resolve consumer disputes more efficiently, as the court system is backlogged. Mediation and other ADR methods could help reduce costs and time compared to litigation, and give parties more control over outcomes. The proposal's goals align with previous initiatives to reform the justice system and reduce case backlogs in B&H.
Presentation by Ralf Resch, General Secretary of CEEP, during the conference on "The impact of the crisis on employment in the Baltic states" in Vilnius (19 Nov 2010)
The European Commission published a White Paper on 2 April 2008 on damages
actions for breach of EU antitrust rules. The content of the White Paper is since
then being prepared to be converted into EU legislation on private antitrust
enforcement. This paper presents the developments in private antitrust enforcement
in Poland after 2 April 2008. It commences with an outline of EU actions in
this field which act as an introduction to the more detailed analysis of recent
jurisprudential and legislative developments in Poland. The latter part of the paper
covers, in particular, the 2009 Act on the Pursuit of Claims in Group Proceedings
and the 2011 Act Amending the Civil Procedure Code and Some Other Acts which
abolishes all specific elements of commercial proceedings, including the statutory ‘non-admission of evidence’ principle. These two legal acts are assessed in order
to establish whether their introduction is likely to help facilitate private antitrust
enforcement in Poland and to consider to what an extent are these developments
responding to the challenges outlined by the European Commission.
This document discusses mediation as an alternative dispute resolution method that can help reduce costs and save relationships compared to litigation. It notes that mediation can benefit the public sector by reducing legal costs from lawsuits, the private sector by resolving business disputes quicker than courts, communities by addressing disputes before they escalate, and families by repairing relationships during disputes. The document provides an overview of mediation, comparing it to other dispute resolution methods, and outlines some of its key features such as using an impartial mediator and allowing parties to control the outcome.
IBA Business and Human Rights Guidance for Bar AssociationsRocio Paniagua
Bar associations can play a key role in promoting awareness and implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) among lawyers. This document provides guidance to bar associations on strategies they could adopt, including:
1) Establishing an organizational structure like a committee to oversee business and human rights initiatives.
2) Setting objectives, timelines, and metrics to ensure effective implementation of awareness, education, and capacity building programs on the UNGPs.
3) Raising awareness of the UNGPs among all members through various communications and highlighting the principles' relevance to legal practice areas.
Sieci szerokopasmowe w polityce telekomunikacyjnej a book reviewMichal
A new book from Professor Stanisław Piątek, an established authority on
telecommunications law, brings the reader closer to the inner workings of broadband
technology in its legal environment. The title reflects the focus of telecoms policy
on access whereby the only access that matters is to the broadband network in its
many variations. The subject matter itself makes the book worth reading, particularly
in the absence of other major Polish works on this topic. Even if some authors
regarded broadband technologies as obsolete years ago1, in reality it still represents
a lion’s share of the telecoms business. Professor Piątek himself is well aware of the
historical and transitory nature of the subject matter when he defines broadband not
by association with any particular technology but as the ability of whatever technology
available at any given moment to provide a certain minimum transmission speed.
Thus the central notion is open to absorb technologies nonexistent as of yet. This in
turn may pose serious regulatory issues as to what future industries will be subject to
regulation, particularly since the distinction between content and carrier regulation
is becoming increasingly blurred.
Media audiovizualne. konflikt regulacyjny w dobie cyfryzacji a book reviewMichal
The book under review here is entitled Audiovisual Media: regulatory conflict in
the digitalisation era by Katarzyna Chalubinska- Jentkiewicz. As the title suggests,
I expected it to be a monograph on new regulatory problems in the increasingly
digital audiovisual field. The sector itself is well known to cause competence conflicts
between the as many as three different regulatory bodies overseeing it in Poland: the
national telecoms regulator (the UKE President), the audiovisual media supervisory
body (the KRRiT) and the competition authority (the UOKiK President). The impact
of the European Commission can also not be overlooked. The book does indeed
deal in great detail with what is seen as the ‘regulatory conflict’ in the audiovisual
field but the approach applied therein is that of the theory of administration and
administrative/constitutional law rather than that of market regulation. As a result,
the analysis focuses primarily on the perceived ‘conflict’ between Poland’s interests
and regulatory competences and the impact exercised by the European Union as
a whole, rather than on any existing or potential internal conflicts. Key to the entire
analysis is the contraposition of the notion of ‘public interest of a nation’ (State) and
the ‘general interest of the EU’ whereby the special characteristics of ‘national’ public
interest are associated with the notion of ‘public morality’ and also, ‘public mission’.
To regulate or not to regulate – economic approachMichal
The aim of this paper is to present an Indefeasible Right of Use (IRU) as a possible
remedy for telecom infrastructure EU projects that (in Poland) have been lagged
behind the time. Thanks for IRU, Beneficiaries of these EU projects will be able
to save both: time and money and will finish projects successfully. The author
discusses two possible methods of implementing IRU: via regulatory obligation and
via incumbent’s goodwill. The author proposes a game theory model with payoffs
depending on regulator’s and incumbent’s strategies. Using a game theory tree,
the author shows that if only the incumbent is willing to offer his own network,
IRU may be signed and most delays in EU projects disappear. The success is not
so obvious while implementing IRU as an obligation – in this case EU projects
will probably fail.
Presentation by Ralf Resch, General Secretary of CEEP, during the conference on "The impact of the crisis on employment in the Baltic states" in Vilnius (19 Nov 2010)
The European Commission published a White Paper on 2 April 2008 on damages
actions for breach of EU antitrust rules. The content of the White Paper is since
then being prepared to be converted into EU legislation on private antitrust
enforcement. This paper presents the developments in private antitrust enforcement
in Poland after 2 April 2008. It commences with an outline of EU actions in
this field which act as an introduction to the more detailed analysis of recent
jurisprudential and legislative developments in Poland. The latter part of the paper
covers, in particular, the 2009 Act on the Pursuit of Claims in Group Proceedings
and the 2011 Act Amending the Civil Procedure Code and Some Other Acts which
abolishes all specific elements of commercial proceedings, including the statutory ‘non-admission of evidence’ principle. These two legal acts are assessed in order
to establish whether their introduction is likely to help facilitate private antitrust
enforcement in Poland and to consider to what an extent are these developments
responding to the challenges outlined by the European Commission.
This document discusses mediation as an alternative dispute resolution method that can help reduce costs and save relationships compared to litigation. It notes that mediation can benefit the public sector by reducing legal costs from lawsuits, the private sector by resolving business disputes quicker than courts, communities by addressing disputes before they escalate, and families by repairing relationships during disputes. The document provides an overview of mediation, comparing it to other dispute resolution methods, and outlines some of its key features such as using an impartial mediator and allowing parties to control the outcome.
IBA Business and Human Rights Guidance for Bar AssociationsRocio Paniagua
Bar associations can play a key role in promoting awareness and implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) among lawyers. This document provides guidance to bar associations on strategies they could adopt, including:
1) Establishing an organizational structure like a committee to oversee business and human rights initiatives.
2) Setting objectives, timelines, and metrics to ensure effective implementation of awareness, education, and capacity building programs on the UNGPs.
3) Raising awareness of the UNGPs among all members through various communications and highlighting the principles' relevance to legal practice areas.
Sieci szerokopasmowe w polityce telekomunikacyjnej a book reviewMichal
A new book from Professor Stanisław Piątek, an established authority on
telecommunications law, brings the reader closer to the inner workings of broadband
technology in its legal environment. The title reflects the focus of telecoms policy
on access whereby the only access that matters is to the broadband network in its
many variations. The subject matter itself makes the book worth reading, particularly
in the absence of other major Polish works on this topic. Even if some authors
regarded broadband technologies as obsolete years ago1, in reality it still represents
a lion’s share of the telecoms business. Professor Piątek himself is well aware of the
historical and transitory nature of the subject matter when he defines broadband not
by association with any particular technology but as the ability of whatever technology
available at any given moment to provide a certain minimum transmission speed.
Thus the central notion is open to absorb technologies nonexistent as of yet. This in
turn may pose serious regulatory issues as to what future industries will be subject to
regulation, particularly since the distinction between content and carrier regulation
is becoming increasingly blurred.
Media audiovizualne. konflikt regulacyjny w dobie cyfryzacji a book reviewMichal
The book under review here is entitled Audiovisual Media: regulatory conflict in
the digitalisation era by Katarzyna Chalubinska- Jentkiewicz. As the title suggests,
I expected it to be a monograph on new regulatory problems in the increasingly
digital audiovisual field. The sector itself is well known to cause competence conflicts
between the as many as three different regulatory bodies overseeing it in Poland: the
national telecoms regulator (the UKE President), the audiovisual media supervisory
body (the KRRiT) and the competition authority (the UOKiK President). The impact
of the European Commission can also not be overlooked. The book does indeed
deal in great detail with what is seen as the ‘regulatory conflict’ in the audiovisual
field but the approach applied therein is that of the theory of administration and
administrative/constitutional law rather than that of market regulation. As a result,
the analysis focuses primarily on the perceived ‘conflict’ between Poland’s interests
and regulatory competences and the impact exercised by the European Union as
a whole, rather than on any existing or potential internal conflicts. Key to the entire
analysis is the contraposition of the notion of ‘public interest of a nation’ (State) and
the ‘general interest of the EU’ whereby the special characteristics of ‘national’ public
interest are associated with the notion of ‘public morality’ and also, ‘public mission’.
To regulate or not to regulate – economic approachMichal
The aim of this paper is to present an Indefeasible Right of Use (IRU) as a possible
remedy for telecom infrastructure EU projects that (in Poland) have been lagged
behind the time. Thanks for IRU, Beneficiaries of these EU projects will be able
to save both: time and money and will finish projects successfully. The author
discusses two possible methods of implementing IRU: via regulatory obligation and
via incumbent’s goodwill. The author proposes a game theory model with payoffs
depending on regulator’s and incumbent’s strategies. Using a game theory tree,
the author shows that if only the incumbent is willing to offer his own network,
IRU may be signed and most delays in EU projects disappear. The success is not
so obvious while implementing IRU as an obligation – in this case EU projects
will probably fail.
European Citizens' Initiative: Decide via clickMarkus Winkler
The document discusses eParticipation in Europe, which refers to electronic modes of civic participation that allow citizens to engage with government. It outlines opportunities and challenges of eParticipation, including increased transparency but also potential loss of control by governments. It also discusses the Treaty of Lisbon and the European Citizens' Initiative, which allows EU citizens to invite the European Commission to submit policy proposals if they collect 1 million signatures from different member states. Examples of eParticipation tools and initiatives in different European countries are provided.
The document discusses the Information Commissioner's Office (ICO) guidance for journalists on complying with the Data Protection Act (DPA) and examines the journalistic exemption and competing public interests surrounding it. It notes that the guidance focuses too much on freedom of expression as an inherent public interest and shies away from weighing competing privacy and data protection interests in each case. The modern media landscape of social and new media further challenges the guidance by blurring the lines between journalism and other purposes. The author concludes that the guidelines may soon be made irrelevant by these changes to the media environment.
Restorative Justice in challenging environments: the case of AlbaniaHenrik Elonheimo
The document summarizes a twinning project between Finland and Albania that aimed to develop mediation and alternative dispute resolution in Albania's legal system. It finds that while Albania has laws supporting mediation, its system lacks cases due to cultural unfamiliarity with mediation and conflicts of interest within the National Chamber of Mediators. The document recommends improving cooperation between institutions, educating the public, offering mediation pro bono, and changing laws to expand mediation's scope based on successful practices in Finland.
Konsument Göteborg provides consumer counseling services to citizens of Gothenburg and nearby cities. They offer individual counseling by phone and email to help consumers resolve issues with purchases or services. They also provide free lectures to groups on consumer law topics. Their approach is to educate consumers and encourage self-help, by advising them on independent actions like filing complaints with the National Board for Consumer Disputes if needed. An example is described of how a consumer with a dispute over home renovation work would be guided through the complaint process.
Viviane Reding, the EU Justice Commissioner, gave a speech to the Council of Bars and Law Societies of Europe highlighting key justice initiatives. She discussed proposals to streamline civil justice procedures like contract law, debt recovery, and judgments to facilitate business growth. Reding also addressed strengthening procedural rights for suspects, reforming the European Arrest Warrant, and establishing minimum standards for crime victims. The goal is to build an area of justice that meets the needs of EU citizens and businesses in the post-Lisbon Treaty era.
The document provides an overview of finding your way in Brussels and understanding European policies, funding opportunities, and decision-making processes. It discusses that the EU member countries have transferred law-making authority to the EU in some policy areas and share competencies with national governments in others. It also outlines the different types of EU grants available, how to apply for funding, and the typical EU decision-making process.
The Community Legal Service provides different types of legal assistance for civil matters like legal advice, help resolving disputes, and help with legal proceedings. It was established under the Access to Justice Act of 1999 and is managed by the Legal Services Commission. Means testing is used to determine financial eligibility, taking into account an applicant's disposable income and capital assets. The prospects of success and costs/benefits are also considered when deciding whether to fund a legal case.
This document summarizes the context around amendments to UN guidelines on access to knowledge in Brazil from the perspective of Idec, a Brazilian consumer rights organization. It outlines issues like copyright law, the civil regulatory internet framework bill, and personal data protection that impact consumer access to knowledge. The document argues that adopting the UN amendments could help push progress on related bills and policies that are currently stalled, and help balance copyright with the right to access culture and information. Idec plans to continue advocating for the amendments and promoting public debate on these issues.
What is citizen lobbying? How to create assertive citizens who can help counter the influence exercised by special interest groups in the policy process? This practical booklet shows few tools and resources useful to undertake a lobbying action by civil society, NGOs and citizens. Make your voice heard!
The Provisional Executive Acts Cited In The“Lava Jato Operation” Will Continu...inventionjournals
The Provisional Executive acts in the Constitution of the Federative Republic of Brazil have as their objective the issuance of laws of an exceptional nature by the Chief Executive, and their respective assumptions are the urgency and relevance for a given subject. The present article investigates if the provisional measures studied and that supposedly were edited by purely corporative interests would be considered valid in the Brazilian legal system since it affects the legal legislative process Democratic State of Law and the interest of the society
This document discusses alternative dispute resolution (ADR) in Lithuania. It provides background on ADR, noting that it is an out-of-court mechanism using a neutral third party like an arbitrator or mediator to help consumers and businesses reach agreements. The document then outlines the history and development of ADR in Lithuania, including the first consumer protection law in 1994 and the establishment of various ADR bodies in 2007. It lists the six institutions that handle ADR in Lithuania and covers principles of ADR such as it being free of charge and conducted through written procedures.
A brief comparative approach of Lobbying - Lobbying a democratic play or a political deviancy?
A first definition / The cultural dimension / A need for a regulation to avoid any trouble for the democracy.
A comparative legal analysis of the application of alternativeAlexander Decker
This document discusses alternative dispute resolution (ADR) techniques for banking disputes, with a focus on Nigeria and select countries. It begins by providing context on disputes in the banking industry, which can be between banks/customers, banks/regulators, and customers/regulators. The paper then defines ADR as processes outside formal litigation, like mediation and arbitration, to resolve disputes quickly and at low cost. It examines key ADR techniques used for financial disputes in countries like Italy, Germany, France, and the UK. The main ADR approaches in Nigeria - mediation, conciliation, and arbitration - are also overviewed in terms of their processes and applicable laws.
A comparative legal analysis of the application of alternativeAlexander Decker
This document discusses alternative dispute resolution (ADR) techniques for banking disputes, with a focus on Nigeria and other countries. It begins by defining ADR as processes that resolve disputes outside of formal litigation, like mediation and arbitration. The document then examines various ADR techniques used for financial disputes in countries like Italy, Germany, France, and the UK. It provides an overview of ADR techniques recognized in Nigeria, including arbitration, conciliation, and mediation. The document also discusses other ADR options and analyzes what types of disputes can be referred to arbitration in Nigeria, such as matters involving property, contract breaches, and questions of law.
Consumer protection laws regulate relationships between businesses and consumers regarding the sale of goods and services. They aim to prevent fraud and protect consumer rights. Government agencies in many countries work to enforce these laws and handle consumer complaints. In India, separate consumer dispute resolution forums exist in each district to provide a simple, inexpensive process for consumers to file complaints. The UK and EU also have various agencies and laws to promote fair business practices and resolve consumer issues.
Report on national courts, social media and convergenceOles Kulchytskyy
The present report examines judicial approaches to social media and convergence. It identifies the jurisprudence of supreme, constitutional and appellate courts in a selected set of European Union (EU) countries that form part of the Compact project. It discusses key characteristics of related jurisprudence, and it examines judicial reasoning by exploring the interpretative efforts of judges and their contribution to the protection and balancing of distinct fundamental rights and interests in the realm of social media. The report also delves into patterns of judicial interaction between courts.
The information is prepared by the team of the COMPACT project (http://compact-media.eu/).
COMPACT is a Coordination and Support Action funded European Commission under framework Horizon 2020.
The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence. The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed.
The document summarizes the proceedings of the Third Baltic Countries Seminar on Alternative Dispute Resolution (ADR), which brought together representatives from European Consumer Centers in Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden. The speakers presented on existing ADR schemes in their countries and highlighted procedures, requirements, fees and availability for cross-border disputes. Key issues discussed included obstacles faced in accessing ADR, improvements to accessibility, the role of European Consumer Centers, and how ADR mechanisms cooperate in practice on individual cases. Country-by-country presentations provided overviews of ADR bodies and processes in each represented nation.
The document summarizes the key differences between alternative dispute resolution (ADR) and online dispute resolution (ODR), the driving forces behind ODR, and core regulatory principles of ODR. It discusses ADR vs ODR, how ODR brought disputes online, and regulatory bodies that set standards for ODR like the National Center for Technology and Dispute Resolution. The document also outlines principles like accessibility, fairness, informed participation and transparency that ODR systems are designed around.
No Longer a Purely Political Question: Challenging the Austerity Approach Thr...Gabriel Armas-Cardona
Reviewing the austerity crisis in Europe, the lack of human rights discourse, and how to promote economic, social and cultural rights in a similar context. Presentation given on April 8, 2016.
The document discusses financial services and markets, and the need for financial consumer protection due to information asymmetry between consumers and financial institutions. It introduces the Financial Ombudsman Service (FOS) in the UK, which aims to provide a flexible way to resolve disputes outside of litigation. The FOS considers what is fair on a case-by-case basis rather than strict legal rules. This allows the FOS to better protect financial consumers.
European Citizens' Initiative: Decide via clickMarkus Winkler
The document discusses eParticipation in Europe, which refers to electronic modes of civic participation that allow citizens to engage with government. It outlines opportunities and challenges of eParticipation, including increased transparency but also potential loss of control by governments. It also discusses the Treaty of Lisbon and the European Citizens' Initiative, which allows EU citizens to invite the European Commission to submit policy proposals if they collect 1 million signatures from different member states. Examples of eParticipation tools and initiatives in different European countries are provided.
The document discusses the Information Commissioner's Office (ICO) guidance for journalists on complying with the Data Protection Act (DPA) and examines the journalistic exemption and competing public interests surrounding it. It notes that the guidance focuses too much on freedom of expression as an inherent public interest and shies away from weighing competing privacy and data protection interests in each case. The modern media landscape of social and new media further challenges the guidance by blurring the lines between journalism and other purposes. The author concludes that the guidelines may soon be made irrelevant by these changes to the media environment.
Restorative Justice in challenging environments: the case of AlbaniaHenrik Elonheimo
The document summarizes a twinning project between Finland and Albania that aimed to develop mediation and alternative dispute resolution in Albania's legal system. It finds that while Albania has laws supporting mediation, its system lacks cases due to cultural unfamiliarity with mediation and conflicts of interest within the National Chamber of Mediators. The document recommends improving cooperation between institutions, educating the public, offering mediation pro bono, and changing laws to expand mediation's scope based on successful practices in Finland.
Konsument Göteborg provides consumer counseling services to citizens of Gothenburg and nearby cities. They offer individual counseling by phone and email to help consumers resolve issues with purchases or services. They also provide free lectures to groups on consumer law topics. Their approach is to educate consumers and encourage self-help, by advising them on independent actions like filing complaints with the National Board for Consumer Disputes if needed. An example is described of how a consumer with a dispute over home renovation work would be guided through the complaint process.
Viviane Reding, the EU Justice Commissioner, gave a speech to the Council of Bars and Law Societies of Europe highlighting key justice initiatives. She discussed proposals to streamline civil justice procedures like contract law, debt recovery, and judgments to facilitate business growth. Reding also addressed strengthening procedural rights for suspects, reforming the European Arrest Warrant, and establishing minimum standards for crime victims. The goal is to build an area of justice that meets the needs of EU citizens and businesses in the post-Lisbon Treaty era.
The document provides an overview of finding your way in Brussels and understanding European policies, funding opportunities, and decision-making processes. It discusses that the EU member countries have transferred law-making authority to the EU in some policy areas and share competencies with national governments in others. It also outlines the different types of EU grants available, how to apply for funding, and the typical EU decision-making process.
The Community Legal Service provides different types of legal assistance for civil matters like legal advice, help resolving disputes, and help with legal proceedings. It was established under the Access to Justice Act of 1999 and is managed by the Legal Services Commission. Means testing is used to determine financial eligibility, taking into account an applicant's disposable income and capital assets. The prospects of success and costs/benefits are also considered when deciding whether to fund a legal case.
This document summarizes the context around amendments to UN guidelines on access to knowledge in Brazil from the perspective of Idec, a Brazilian consumer rights organization. It outlines issues like copyright law, the civil regulatory internet framework bill, and personal data protection that impact consumer access to knowledge. The document argues that adopting the UN amendments could help push progress on related bills and policies that are currently stalled, and help balance copyright with the right to access culture and information. Idec plans to continue advocating for the amendments and promoting public debate on these issues.
What is citizen lobbying? How to create assertive citizens who can help counter the influence exercised by special interest groups in the policy process? This practical booklet shows few tools and resources useful to undertake a lobbying action by civil society, NGOs and citizens. Make your voice heard!
The Provisional Executive Acts Cited In The“Lava Jato Operation” Will Continu...inventionjournals
The Provisional Executive acts in the Constitution of the Federative Republic of Brazil have as their objective the issuance of laws of an exceptional nature by the Chief Executive, and their respective assumptions are the urgency and relevance for a given subject. The present article investigates if the provisional measures studied and that supposedly were edited by purely corporative interests would be considered valid in the Brazilian legal system since it affects the legal legislative process Democratic State of Law and the interest of the society
This document discusses alternative dispute resolution (ADR) in Lithuania. It provides background on ADR, noting that it is an out-of-court mechanism using a neutral third party like an arbitrator or mediator to help consumers and businesses reach agreements. The document then outlines the history and development of ADR in Lithuania, including the first consumer protection law in 1994 and the establishment of various ADR bodies in 2007. It lists the six institutions that handle ADR in Lithuania and covers principles of ADR such as it being free of charge and conducted through written procedures.
A brief comparative approach of Lobbying - Lobbying a democratic play or a political deviancy?
A first definition / The cultural dimension / A need for a regulation to avoid any trouble for the democracy.
A comparative legal analysis of the application of alternativeAlexander Decker
This document discusses alternative dispute resolution (ADR) techniques for banking disputes, with a focus on Nigeria and select countries. It begins by providing context on disputes in the banking industry, which can be between banks/customers, banks/regulators, and customers/regulators. The paper then defines ADR as processes outside formal litigation, like mediation and arbitration, to resolve disputes quickly and at low cost. It examines key ADR techniques used for financial disputes in countries like Italy, Germany, France, and the UK. The main ADR approaches in Nigeria - mediation, conciliation, and arbitration - are also overviewed in terms of their processes and applicable laws.
A comparative legal analysis of the application of alternativeAlexander Decker
This document discusses alternative dispute resolution (ADR) techniques for banking disputes, with a focus on Nigeria and other countries. It begins by defining ADR as processes that resolve disputes outside of formal litigation, like mediation and arbitration. The document then examines various ADR techniques used for financial disputes in countries like Italy, Germany, France, and the UK. It provides an overview of ADR techniques recognized in Nigeria, including arbitration, conciliation, and mediation. The document also discusses other ADR options and analyzes what types of disputes can be referred to arbitration in Nigeria, such as matters involving property, contract breaches, and questions of law.
Consumer protection laws regulate relationships between businesses and consumers regarding the sale of goods and services. They aim to prevent fraud and protect consumer rights. Government agencies in many countries work to enforce these laws and handle consumer complaints. In India, separate consumer dispute resolution forums exist in each district to provide a simple, inexpensive process for consumers to file complaints. The UK and EU also have various agencies and laws to promote fair business practices and resolve consumer issues.
Report on national courts, social media and convergenceOles Kulchytskyy
The present report examines judicial approaches to social media and convergence. It identifies the jurisprudence of supreme, constitutional and appellate courts in a selected set of European Union (EU) countries that form part of the Compact project. It discusses key characteristics of related jurisprudence, and it examines judicial reasoning by exploring the interpretative efforts of judges and their contribution to the protection and balancing of distinct fundamental rights and interests in the realm of social media. The report also delves into patterns of judicial interaction between courts.
The information is prepared by the team of the COMPACT project (http://compact-media.eu/).
COMPACT is a Coordination and Support Action funded European Commission under framework Horizon 2020.
The objective of the COMPACT project is to increase awareness (including scientific, political, cultural, legal, economic and technical areas) of the latest technological discoveries among key stakeholders in the context of social media and convergence. The project will offer analyses and road maps of related initiatives. In addition, extensive research on policies and regulatory frameworks in media and content will be developed.
The document summarizes the proceedings of the Third Baltic Countries Seminar on Alternative Dispute Resolution (ADR), which brought together representatives from European Consumer Centers in Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden. The speakers presented on existing ADR schemes in their countries and highlighted procedures, requirements, fees and availability for cross-border disputes. Key issues discussed included obstacles faced in accessing ADR, improvements to accessibility, the role of European Consumer Centers, and how ADR mechanisms cooperate in practice on individual cases. Country-by-country presentations provided overviews of ADR bodies and processes in each represented nation.
The document summarizes the key differences between alternative dispute resolution (ADR) and online dispute resolution (ODR), the driving forces behind ODR, and core regulatory principles of ODR. It discusses ADR vs ODR, how ODR brought disputes online, and regulatory bodies that set standards for ODR like the National Center for Technology and Dispute Resolution. The document also outlines principles like accessibility, fairness, informed participation and transparency that ODR systems are designed around.
No Longer a Purely Political Question: Challenging the Austerity Approach Thr...Gabriel Armas-Cardona
Reviewing the austerity crisis in Europe, the lack of human rights discourse, and how to promote economic, social and cultural rights in a similar context. Presentation given on April 8, 2016.
The document discusses financial services and markets, and the need for financial consumer protection due to information asymmetry between consumers and financial institutions. It introduces the Financial Ombudsman Service (FOS) in the UK, which aims to provide a flexible way to resolve disputes outside of litigation. The FOS considers what is fair on a case-by-case basis rather than strict legal rules. This allows the FOS to better protect financial consumers.
The document summarizes a conference on interactions between legal and other professionals in human rights training. It discusses challenges in different fields like health/bioethics, media, asylum/refugees, and fighting ill-treatment. For each field, two speakers with different professional backgrounds (e.g. a legal professional and medical professional) discussed challenges and solutions. Working groups then shared best practices for inter-professional training. The conference aimed to improve human rights training for legal professionals by involving expertise from other domains.
The document discusses the history and development of mediation in Romania from 2003 to the present. Key points include:
- Mediation was first piloted in 2003 and regulated by law in 2006 to comply with EU accession requirements. The law has been amended several times to improve the process.
- Over 10,000 mediators are now authorized in Romania, compared to around 1,000 in 2008.
- Recent legal changes in 2013 made information meetings on mediation mandatory prior to filing certain civil lawsuits.
- The use of mediation has increased considerably in recent years, with tens of thousands of agreements reached in 2013 compared to around 500 in 2010.
- Further developments and specialization of mediation in Romania are anticipated
Neelie Kroes, Vice-President of the European Commission, delivered a speech on safeguarding media pluralism in the EU. She argued that a free media is fundamental to democracy and freedom of expression. However, the digital revolution poses economic challenges to media organizations and new opportunities for citizen voices. While the EU promotes media pluralism, it currently lacks legal competence to intervene in member states. Kroes called for a principled debate on what policy tools and legal framework are needed to protect media freedom and pluralism in Europe.
This document discusses the economic analysis of law and its interaction with various legal fields such as contract law, tort law, and criminal law. It examines how economic considerations can provide insights into the costs and benefits associated with legal rules and how individuals and organizations respond based on these economic factors. It also explores the formal and informal dimensions of law and how people make decisions based on comparing the costs of complying with formal legal requirements versus operating informally.
This document discusses how alternative dispute resolution (ADR) poses a threat to democracy. It argues that ADR upsets the balance between natural law determined by judicial reasoning and positive law made by the legislature. By preventing some cases from reaching the courts, ADR can cause law to stagnate and become purely political. While most cases settle outside of court, the 3% that do reach judicial decisions are important for establishing precedent and reaffirming the rule of law. The document expresses concern that ADR is being implemented within legal systems in a way that reduces access to substantive justice and compromises democratic principles of equality, fairness and impartiality. It advocates for a competition model where ADR exists separately from the courts to avoid undermining
Access to justice is a fundamental right that is essential to protecting other basic rights and ensuring equality before the law. However, unfettered access to courts could overwhelm them with trivial matters. Access to justice means enabling legal representation for those who cannot afford it, as well as making the law understandable to all. It is important to resolve disputes fairly and peacefully rather than focusing only on strict legal determinations. Overall access must be balanced with deterrents to frivolous lawsuits in order to maintain an effective justice system without overburdening the courts.
Persuasive Article Meaning. What Is Persuasion DefiniCathy Baumgardner
The document provides instructions for submitting a paper writing request to the HelpWriting.net service. It outlines a 5-step process: 1) Create an account with a password and email. 2) Complete a form with instructions, sources, and deadline. 3) Choose a bid from qualified writers. 4) Review the paper and authorize payment. 5) Request revisions until satisfied. The service aims to provide original, high-quality content and offers refunds for plagiarized work.
Making the right to housing justiciable for all is possibleFEANTSA
Presentation given by Bernard Lacharme, Haut Comité pour le logement des personnes at a FEANTSA conference on "People who are homeless can be housed:
An insight into successful practices from across Europe", Cardiff, Wales, 2008
Making the right to housing justiciable for all is possible
ADR in Service of Human Rights
1. Tanja Majer-Bokšić, Ms
tanja.majer.boksic@gmail.com
Legal Adviser at Ombudsman for Consumer Protection
Project Thesis
ADR (alternative dispute resolution) in Service of Human Rights
Protection
Consumer protection has its significance in Europe, since it protects the rights of generators
of retail turnover which significantly contributes to the welfare of the whole society. Since
there is no man who isn’t at the same time a consumer, consumer rights can be seen as
human rights. Also, a large number of consumer rights that greatly correspond with human
rights (right to environmental health, right to privacy, right to redress and remedy etc.) are
daily breached. Consumers are an inevitable part of the functioning market and they need
sufficient and adequate protection. The Council of the EU has dealt with it by means of the
consumer protection legislation.
Consumer protection is therefore an inseparable part of every European state’s policy. Often,
though, it remains at the declaratory level – justifying the obligation to adopt the legislation
into national legislation, but with a very low grade of the enforcement in practice. Consumer
awareness is at the lowest level and particular initiatives focused on the consumer rights
protection often suffer an inadequate support for their activities. Consumer organisations in
EU candidate countries (namely B&H) fight endlessly against the lack of financial resources,
which shifts the consumer protection to the voluntary, many times even amateurish level.
Under such circumstances, there is no way to talk about neither effective, nor efficient help
for consumers.
The significant challenge of these days is the growth of e-commerce. The growth itself occurs
much faster than the response in legislation and regulations resulting in “fire extinguishing”
already existing problems instead of preventing them. The common EU market, as well as
global market is easily accessible on one hand - even more easily through the internet, but on
the other hand very vulnerable. Cross-border online shopping is still in very low digits,
mainly because of doubts of consumers and their lack of knowledge of national e-commerce
legislation and possible threats.
Mediation and other ADR schemes are an alternative method of resolving disputes, outside of
the traditional, adversarial, litigation-centred model. Mediation has been defined as a
"process in which an impartial intervener assists two or more negotiating parties to identify
matters of concern and then develop mutually acceptable proposals to deal with the
concerns." The neutral or mediator does not have binding authority to decide any issues.
She/he can only help the parties resolve the matter if they are willing. Mediation can be part
of an official court system (called "court-annexed mediation") or it can be a stand alone
procedure, completely independent of the courts. In either case, it is usually a voluntary
procedure for all parties.
Objectives
Objectives of this project proposal fully correspond with the objectives of the call for
proposals because they directly strengthen the work of non-governmental organisations and
extend their effect in compliance with the latest consumer challenges and requirements in
reaction to the development trends of trade and market. It’s fully compliant with Objective 2
- Strengthening the role of civil society in promoting human rights and
democratic reform, in supporting conflict prevention and in consolidating
political participation and representation as it will present and demonstrate new and
innovative ways of conflict and disputes resolution. Project and its implementation will have
a positive impact on the increase in consumer´s satisfaction and quality of life in
2. Tanja Majer-Bokšić, Ms
tanja.majer.boksic@gmail.com
Legal Adviser at Ombudsman for Consumer Protection
B&H because it helps to resolve the consumer rights enforcement in practice. It also
contributes in efforts of building towards consensus on disputed or controversial
areas of policy in deeply divided societies, by means of civil society dialogues which
seek to bridge societal divides and which bring together a wide range of stakeholders to share
experience and analyse common problems.
This proposal also counts on the professional organisations of the civil society as it
will create new jobs in existing organisations which work on the voluntary basis.
Further on, we plan to create an intensive national cooperation among participating
organisations from both states’ entities and support the mutual communication. Courts,
mediators, consumer organizations and consumers will be connected through the workshops,
roundtables, dispute resolution simulations... Thus, we plane to address mainly Theme 2 -
peaceful management, mediation or resolution of conflicts and transitional
justice and reconciliation through which we plan to introduce the European legislation to
all relevant stakeholders.
Relevance
Each EU member state has been obliged to strengthen and improve the consumer rights
protection in its legislation by means of transposing Council´s directives into national
legislative modifications. This obligation was met by all EU member states but the
transposition through many fragmental legal acts prolonged efforts which caused it to be
highly non-transparent and with a questionable impact on the practical level of the consumer
law enforcement in practice. There is a huge cases backlog on bh courts which are stuffed
with utilities disputes from war and post-war period. In these disputes Utilities Providers are
the plaintiffs whilst the consumers-defaulters are on the other side. But in case of dubious
contract obligation, regular consumer (for which consumer protection is designed and meant
for) has no protection. He has to wait years to get his day in court; it costs money and is very
unlikely that he will be compensated or that his situation will be restored. He is deprived
from his basic human right –right to access to justice. Justice delayed is justice denied!
The consequences of a dysfunctional court system cannot be overstated. Individuals and
businesses cannot effectively enforce their contractual rights and as a result, economic
activity suffers. In addition, a dysfunctional court system can also prevent individuals from
enforcing human rights they have been granted in their legislation. The B&H Constitution is
unique in that it explicitly incorporates the rights and freedoms set forth in the European
Convention for the Protection of Human Rights and Fundamental Freedoms (European
Convention) and declares that these rights "have priority over all other law." In theory, this
means that the highly developed case law of the European Court of Human Rights (ECHR) is
the supreme law of the land. However, the enforcement of these rights in B&H is
questionable. For instance, Article 6 of the European Convention guarantees the right of all
persons to a "fair and public hearing within a reasonable time..." It is likely that the slow
administration of justice in B&H is violating citizens' human rights under this provision.
Mediation and other ADR schemes may be useful in addressing some of these problems.
Mediation and ADR in general in B&H context could help free up scarce judicial resources by
reducing the number of hearings, trials, and eventually the number of cases. The HJPC of
B&H (Visoko sudsko i tužiteljsko vijeće BiH) cited the lack of mediation options as one
reason for the significant case backlog. Another issue that might be mitigated by mediation in
B&H is excessive dispute resolution costs. In B&H, lawsuits are expensive relative to local
wages. Mediation has shown to be less costly than litigation. And, mediation may help
3. Tanja Majer-Bokšić, Ms
tanja.majer.boksic@gmail.com
Legal Adviser at Ombudsman for Consumer Protection
reduce high legal fees by reducing the number of court appearances and eliminating the need
for costly trials.
Mediation would also provide BiH parties the opportunity to develop more creative and
appropriate solutions to consumer disputes, instead of relying on general statutes, limited or
non-existent case law, and potentially inconsistent decision-makers. Mediation may even
address some of the more general problems in BiH. Studies show that mediation can improve
access to justice in a variety of ways. Mediation can help poorer segments of society
participate in conflict resolution where they might not have been able to afford an attorney
for traditional litigation. Mediation can take place in rural areas or areas not served by a
courthouse. It can occur on weekends or evenings so that participants do not have to take
time off of work. A proposed EU Directive promoting mediation in civil and commercial
matters identifies its primary objective as ensuring better access to justice. Mediation's
generally informal nature may also appear less intimidating to people who view the
government with suspicion or fear. Mediation might actually help strengthen democracy. In
several cases, mediation has played a role in preparing community leaders, increasing civic
engagement, and developing public processes that facilitate restructuring and social change.
Justice Sector Reform Strategy 2008-2012, Case backlog reduction project of High Judicial
and Prosecutorial Council 2008 financed by Council of Europe, IFC’s Alternative Dispute
Resolution Program (2005-2008), Alternative Dispute Resolution Platform in Bosnia and
Herzegovina,2004 (Canadian Institute for Conflict Resolution) are just some of the initiatives
with same goals as ours. Whether is looked upon from professionals or consumers point of
view ultimate goal is common-exercising and protection of consumer (human) rights in a
prompt, inexpensive, fair and transparent manner.
Designated targets groups would be:
1. Public officials in relevant public entities (with competence to
appoint ADR bodies/councils); they are the legal holders of
consumer protection and consumer dispute resolution it’s in their
domain of responsibilities.
2. Judges of municipalities courts; they play important role
in case backlog reduction and overall consumer/citizen access to
justice; sitting trial court judges will need to be trained on how to
identify appropriate cases for mediation and encouraged to make
the suggestion to parties. They will be, in essence, the gatekeepers.
In the short term, parties are not likely to suggest mediation to
each other for two reasons. First, their lawyers may be unfamiliar
with mediation and second, a suggestion of mediation might be
taken as a sign of weakness. Therefore, it will be incumbent on the
judges to take proactive steps to refer cases to mediation.
3. Mediators; actors of already existing mediation ADR scheme
with all necessary legal framework in place and ready for use; Law
on Mediation harmonized with EU recommendations and
UNCITRAL model law/ allows for legal and non-legal professionals
to become mediators/ Mediation agreement – executive title; In
addition, it may be useful to recruit mediators from the ranks of
certain industries like mining, insurance, or organized labour and
then provide them with specialized training.
4. Tanja Majer-Bokšić, Ms
tanja.majer.boksic@gmail.com
Legal Adviser at Ombudsman for Consumer Protection
4. Consumer organization staff, their education on these
issues and professionalization will enable multiplication of Projects
efforts.
Final beneficiaries would be:
1. Consumers- 1) Consumers are deprived from their right guaranteed
in Art 6 of European Convention "fair and public hearing within a
reasonable time..." 2) Through the era of socialism, B&H citizens were not
accustomed to take personal responsibility for decisions. Furthermore, they
didn’t practise the art of compromise. Citizens had the choice of acquiescence
in governmental action or protest. The use of mediation might help build a
much needed culture of compromise. Both parties and representatives might
begin to explore non-confrontational ways to address conflicts and begin to
take personal responsibility for resolving them. This is especially crucial for
B&H given the fact that ethnic tensions remain and compromise on these
issues is of paramount importance to the survival of the state. While it is
impossible to predict with precision the kind of impact mediation might have
on B&H's fractured society, the foregoing suggests that, given sufficient time
and resources, a well-conceived program might promote consensual
approaches to problem solving and public policy debate, thereby
strengthening this post-conflict, nascent democracy.
2. Business community: One study commissioned by the European
Bank for Reconstruction and Development (EBRD) found that legal
institutions' effectiveness in enforcing laws is more important for foreign
investment in transition economies than is the establishment of modern, pro-
business laws on the books. In B&H, the perception and reality of weak
enforcement of property and other rights has hurt economic development. The
World Bank survey ranked the B&H judiciary second in the Europe and
Eurasia region for being an impediment to doing business.
3. Legal community; ADR may improve citizens' attitudes towards the
B&H judicial system in general. As mentioned, studies show that the B&H
judicial system is currently held in very low regard by the population.
Mediation's emphasis on party-centred decision-making provides better
opportunities for parties to resolve cases in a manner consistent with their
interests. Since resolutions are voluntary, mediation eliminates the inherent
coercion that a court judgment entails. Studies show that mediation tends to
have a very high user satisfaction rate. As a result, mediation parties will view
the general judicial system more positively, which should improve the rule of
law.