Naslov
Enforceability of mediation agreements - Croatian and European law

Autori
Kunštek, Eduard ; Puljko, Vjekoslav ; Župan, Mirela

Izvornik
Jura: A Janus Pannonius Tudomanyegyetem Allam- es Jogtudomanyi Karanak tudomanyos lapja (1218-0793) 23 (2017), 1; 278-290

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
mediation ; enforcement ; settlements agreement

Sažetak
Easy access to justice within the European judicial area is an imperative motivated by essential changes and strengthening the role of mediation as one of alternative dispute resolutions. The key European legislative act of mediation was adopted in 2008 in form of the Directive on certain aspects of mediation in civil and commercial matters , imposing an obligation on Member States to apply the provisions of this Directive to their respective national legislation. By implementing the Directive, the Member States should accomplish its objectives and purpose in a manner deemed acceptable to the relevant national legal order. In the adoption of the new Mediation Act, the Republic of Croatia was guided by the need for harmonisation with EU law. Bearing in mind the fact that in the adoption of the Mediation Act the Croatian legislator was also guided by the need to comply with the EU acquis communautaire, we examine whether it managed to achieve the ratio legis of the European legislator in the area of enforcement of mediated settlement agreements.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA