Activities of Enrico GASBARRA related to 2016/2066(INI)
Shadow reports (1)
REPORT on the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (the ‘Mediation Directive’) PDF (417 KB) DOC (58 KB)
Amendments (9)
Amendment 1 #
Motion for a resolution
Recital A
Recital A
A. whereas the implementation of Directive 2008/52/EC has differed greatly among Member States, with some opting for a relatively literal implementation of its provisions, others for an in-depth revision of alternative ways to dispense justice (such as Italy, for instance, which uses mediation at a rate six times higher than the rest of Europe), and others deeming their existing laws to be already in line with the Mediation Directive;
Amendment 6 #
Motion for a resolution
Recital B
Recital B
B. whereas most Member States have considerably extended the scope of application of their national transposing measures to domestic cases too, having a decisively positive impact on the laws of the Member States and the categories concerned;
Amendment 10 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the difficulties which have emerged at the transposition stage of the directive largely reflect the differences in legal culture across the national legal systems;
Amendment 11 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the priority which should be given to a change in the legal mindset and the development of a mediation culture and friendly dispute settlement is an issue which has been repeatedly raised - first at the inception of the EU directive and subsequently during national transposition - by European networks of legal professionals;
Amendment 22 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that, despite the voluntary nature of mediation, further steps must be taken to ensure the enforceability of mediated agreements in a quick and affordable manner, with full respect for fundamental rights, as well as Union and national law; calls on the Commission to look into the issue of mandatory mediation more carefully; considers that this issue should be raised also bearing in mind the risk that mediation might lose its attractiveness and added value if excessively stringent standards for the parties were introduced;
Amendment 24 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of promoting appropriate information campaigns on the legal arrangements provided for by mediation and the advantages it has in terms of economising time and money and streamlining and simplifying legal procedures;
Amendment 30 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission, in its review of the rules, to find solutions whereby the gateways to mediation can be multiplied, extending it also to business tribunals and commercial law;
Amendment 31 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls for special attention to be paid to the implications that mediation has on certain social issues, such as family law, which requires strengthened protection and guarantees, by introducing mandatory uniform procedures in this instance to avoid imbalances and discrepancies in such sensitive matters;
Amendment 32 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Considers it important to ensure that fair criteria are complied with in terms of costs, especially in order to protect the interests of insolvent people and disadvantaged groups;