scholarly journals AN OVER VIEW OF ALTERNATE DISPUTE RESOLUTION FROM THE CONTRACTUAL PERSPECTIVE IN EUROPE

2021 ◽  
pp. 19-25
Author(s):  
Asif Khan ◽  
Ali Raza Ansari ◽  
Nishan-E-Hyder Soomro ◽  
Ahmed Arafa
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Time Saving ◽  
The Subject ◽  
The Right ◽  
Alternate Dispute Resolution ◽  
Insight Into ◽  
Shed Light ◽  
The Eu

The Alternative Dispute Resolution ("ADR") is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties stunningly through the help of independent professionals and renowned personalities. Today the role of the ADR is more important, and the number of agreements with ADR is increasing. One of the reasons for this development is that the ADR is usually more efficient and time-saving compared to normal justice delivering procedures. The current paper examines the most popular techniques for the solution of alternative disputes within the EU, through mediation. This paper associates ADR development and the European Law Legislative International Trade Conciliation (2002) along with other Laws and ADR services, such as ICC and different Laws related to the services. It then conjointly makes comparisons between the bound “member state” MS Courts to observe problems concerning ADR. Additionally, it recognizes the ADR in the light of the right to valid remedy (European Union Principles). To administer a deep insight into the subject, the paper describes additionally the ADR origin, its features, and relevance. Hence, this paper will shed light on the issues faced by parties in ADR concerning agreements and shall thereby, provide a solution to overcome the same.

scholarly journals The European Committee of the Regions as a watchdog of the principle of subsidiarity

2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert
Keyword(s):  
European Commission ◽  
Legislative Process ◽  
European Committee ◽  
Legislative Proposal ◽  
The Right ◽  
Committee Of The Regions ◽  
Regional Funds ◽  
Shed Light ◽  
The Eu

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.

Health diplomacy

2019 ◽  
Vol 9 (1) ◽  
pp. 161-176
Author(s):  
Annamarie Bindenagel Šehovic´
Keyword(s):  
Right To Health ◽  
Health It ◽  
Health Security ◽  
Health Diplomacy ◽  
The Subject ◽  
Historical Trajectory ◽  
The Right ◽  
Changing Role ◽  
Insight Into

This article explores the role of health diplomacy in promoting the right to health. It first looks at the historical trajectory of the right to health as it evolves and intersects with state and human and health security. Second, it analyzes the definitions and roles of health diplomacy. It argues that health diplomacy is undergoing a cycle of (re)invention and innovation, bringing in both new and traditional actors. Yet it points out a gap in the subject of health diplomacy, asking what is the right to health, and what does its definition mean for the (changing) role of health diplomacy? It concludes by offering initial insight into what health diplomacy might be in the nearer future.

Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia

2011 ◽  
Vol 53 (5) ◽  
pp. 718-732 ◽  
Author(s):  
Therese MacDermott ◽  
Joellen Riley
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Traditional Role ◽  
Adverse Action ◽  
Recognition And Enforcement ◽  
Workplace Rights ◽  
The Right ◽  
Resolution Processes

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.

Consumer “Access to Justice” in EU in Low-Value Cross-Border Disputes and the Role of Online Dispute Resolution

2017 ◽  
pp. 191-208
Author(s):  
Inmaculada Barral-Viñals
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Consumer Contract ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Access ◽  
The Eu

This paper examines consumer access to justice in the EU by analysing how Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) can improve this access, especially in the case of low-value cross-border disputes, which constitute the majority of consumer contract complaints. The discussion is based on a widened concept of open justice that not only seeks to provide greater transparency, but also greater participation and collaboration as a means to improve consumer access to justice. The approach deals with the subjective and objective obstacles to accessing justice and the role of participatory justice. Finally, the paper examines the decisions taken by the EU in its attempt to foster both ADRs and ODRs for consumer disputes and determines which obstacles have been eliminated in promoting access to justice.

scholarly journals Reexaminando la noción de Resolución Alternativa de Disputas (ADR) en el contexto del derecho de acceso a la justicia ‘no jurisdiccional’ = Reexamining the notion of Alternative Dispute Resolution (ADR) in the context of the right of access to ‘non-jurisdictional’ justice

2018 ◽  
Vol 10 (2) ◽  
pp. 211
Author(s):  
Julio Cesar Betancourt
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Access To Justice ◽  
The Past ◽  
The Right ◽  
Right Of Access ◽  
Insight Into

Resumen: La noción de “Resolución Alternativa de Disputas”, generalmente conocida como “ADR”, ha recibido una importante acogida por parte de la literatura del common law y lo mismo puede decirse en cuanto sus principales categorías (negociación, mediación y arbitraje). ADR, lato sensu, se refiere a la idea de utilizar toda una gran variedad de mecanismos no jurisdiccionales destinados a pre­venir, manejar, resolver o solucionar conflictos intersubjetivos. De modo que la expresión resolución alternativa de disputas es, en cierta manera, insuficiente para suministrar una visión integral de todas las opciones (o alternativas) disponibles. Este artículo reexamina la noción de ADR y proporciona una novedosa visión del pasado, presente y futuro de esta relativamente nueva disciplina.Palabras clave: ADR, resolución alternativa de disputas, acceso a la justicia.Abstract: The notion of “Alternative Dispute Resolution”, commonly known as “ADR”, has re­ceived considerable attention in common law literature, and the same can be said about the main ADR categories (negotiation, mediation and arbitration). ADR, lato sensu, refers to the idea of utilising a wide variety of non-jurisdictional mechanisms that are intended to prevent, manage, resolve or settle disputes. Thus, the expression alternative dispute resolution is, somewhat, technically insufficient to account for the whole range of options (or alternatives) available. This article re-examines the notion of ADR and provides a novel insight into the past, present and future of this relatively new discipline.Keywords: ADR, alternative dispute resolution, access to justice.

The linguistic capital of contested languages

2011 ◽  
Vol 35 (2) ◽  
pp. 117-138 ◽  
Author(s):  
Naomi Wells
Keyword(s):  
Minority Languages ◽  
Linguistic Capital ◽  
Political Debate ◽  
Progressive Politics ◽  
Language Revival ◽  
The Subject ◽  
Insight Into ◽  
Shed Light ◽  
Local Languages

Political debate concerning the recognition of regional and minority languages has been the subject of much study in recent years. However, with the focus on separatist and/or nationalist forces, the centre-left has often been overlooked in such studies. In both Asturias in Spain and the Veneto in Italy, centre-left parties have taken a particularly ambivalent approach towards language revival policies, and the ideologies behind this approach merit further study. Drawing particularly on Bourdieu’s work, the author will consider how linguistic hierarchies and linguistic capital are reflected in centre-left discourse and actions concerning the respective local languages. This will shed light on the ambiguous role of the centre-left concerning language policy, and provide further insight into the compatibility of liberal and progressive politics with language revival policies.

scholarly journals Promoting Democracy through the Work of the EU Ombudsman

2020 ◽  
Vol 4 (1) ◽  
pp. 5-16
Author(s):  
Reka Friedery
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Fundamental Rights ◽  
Political Crisis ◽  
Direct Link ◽  
Member States ◽  
The Right ◽  
The Eu

The EU is in an economic, social and political crisis, and there are vital expectations to enhance and restore trust, openness and transparency. The EU bodies which bring the EU and its citizens closer to each other gain even more importance. This paper will demonstrate that alternative dispute-resolution forums, like the office of the EU Ombudsman, have a multidirectional function. It was established to strengthen the fundamental rights of citizens and to enhance a more citizen- -friendly EU administration. The analysis highlights the forum’s importance in changing horizontal relations between different stakeholders into vertical during its procedure, for instance between EU institutions and EU citizens. The presentation of research explores these relations by analysing complaint cases and the EU Ombudsman-related cases of the CJEU. The paper argues that the right to complain to the EU Ombudsman, who is a direct link between EU institutions and EU citizens, and the potential of changing the above-mentioned functions, can strengthen the trust of Member States’ citizens and help them identify as European citizens. The cornerstone of this argument are the relations between the EU citizens, institutions and the Ombudsman.

Contemporary Machiavellian theses "The strategy of the role of the absurd state as a model"

2020 ◽  
pp. 3
Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy
Keyword(s):  
International Relations ◽  
Decision Maker ◽  
Turning Point ◽  
Information Revolution ◽  
Main Hypothesis ◽  
The Subject ◽  
Area Of Influence ◽  
The Right ◽  
Modern Technologies

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

Sign in / Sign up

Export Citation Format

Share Document