The professors of the Universitat de València, Carlos Esplugues and José Luis Iglesias, reflect on the European Parliament on mediation and private international law and the possibility of improving the free circulation of mediation agreements throughout the European Union.
5 december 2016
Improve the free circulation of mediation agreements throughout the European Union. It is the firm commitment of the professors Universitat de València, Carlos Esplugues, director of the Master of Law, Business and Justice and professor of Private International Law; and José Luis Iglesias, professor emeritus of Private International Law and former director of the Legal Service of the European Commission.
The two jurists participated as experts in the workshop on the implementation of the Directive 52/2008 / EC on mediation of the European Union, held in the European Parliament in late November.
Cross-border disputes increase
The experts presented their research 'Mediation and private international law: improving the free circulation of mediation agreements across the EU' - a document commissioned by the Parliamentary Policy Department of Citizens' Rights and Constitutional Affairs on request of the JURI Committee - where they confirmed that cross-border disputes have steadily increased in recent years in Europe as a result of the consolidation of the European unification process.
Esplugues and Iglesias explained that in these cases, for mediation to obtain full citizens' support in the future, full circulation of the agreement must be guaranteed in any Member State of the Union.
Lawyers argue for quick ways of enforcing cross-border agreements throughout the European Union
As the study points out, lawyers argue for "quick, affordable and simple ways" of enforcing cross-border agreements throughout the European Union, in addition to the existence of a minimum set of common rules of private international law regarding key aspects of cross-border mediation.
The implementation of the 2008 Mediation Directive "generates mixed feelings"
Professors conclude after the analysis of the situation in the EU after the implementation of the 2008 Mediation Directive that it "generates mixed feelings", since although the institution is now on the agenda of all Member States "many important differences are stablished concerning the developed legal framework, which affect key aspects of mediation".
Both teachers are part of a small group of six European professionals who have been convened by Parliament's Legal Affairs Committee to review this implementation of the so-called Directive 52/2008/EC.
The contributions of the six invited speakers have been published in the collective work "The Implementation of the Mediation Directive", where the study of the professors of the Universitat de València can be consulted.
