FEATURES OF REGULATORY AND LEGAL PROVISION OF MEDIATION AS A FORM OF REGULATION OF ECONOMIC DISPUTES OF CITY COUNCILS: EXPERIENCE OF EU COUNTRIES
DOI:
https://doi.org/10.51989/NUL.2025.3.20Keywords:
mediation, city councils, economic disputes, supranational legislation, national legislation, territorial mediator, subject-matter mediation, state budget, local community budget, discussion, advisory body.Abstract
The article examines the features of the regulatory and legal support for mediation as a form of settlement of economic disputes of city councils both at the supranational level of the EU and at the level of national legislation of individual member states. It is determined that at the EU level, regulation of the specified process is applied, which is aimed at determining its general aspects and provides for the promotion of development in the member states. It is noted that the existing supranational legislation is a framework document, and member states develop and use their own regulatory and legal acts that regulate mediation. It was established that in most other EU countries, the use of mediation in resolving disputes (including in the economic sphere) for city councils is regulated by general legislation on the organization of the specified process. Among the key features of the regulatory and legal support in the specified direction, we can distinguish the following: territorial mediation, which is financed by local communities (provided for by the provisions of French legislation); subject-matter mediation, associated with determining the directions of its use in resolving disputes between the parties (established at the level of by-laws regarding the regulation of the specified process at the level of individual cities, territories); different approaches to financing territorial mediation (at the expense of the state budget (provided for by the legislation of Latvia) and at the expense of the budgets of local communities (regulated by the legislation of France). It was determined that in general at the level of EU countries there is no separate regulation of mediation at the level of municipalities, which is provided for by the French legal system and by separate by-laws of the territories of Spain. But there is a need to establish additional legislation that would determine the main legal aspects in the field of protection of the rights and legitimate interests of the specified category of subjects of economic relations. This is necessary to support local communities in the area of creating regulatory and legal foundations regarding the protection of their rights and interests in the field of management of economic activities and property management of the relevant territories.
References
Bárrios L. B. European Mediation and Indigenous Mediation. Teisė. 2020. Vol. 115. P. 134–146. URL: https://doi.org/10.15388/Teise.2020.115.9
Benöhr I. Alternative Dispute Resolution for Consumers in the Financial Services Sector: A Comparative Perspective. European Policy Analysis. 2013. Vol. 6. P. 1–16. URL: https://sieps.se/media/5nld1dz1/alternative-dispute-resolution-for-consumers-in-the-financial-servicessector_-a-comparative-perspective-2013_6epa.pdf
Litvins G. Mediācijas attīstības virzieni un perspektīvas. Conference: The 7th International Scientific Conference of the Faculty of Law of the University of Latvia. 2019. P. 264–274. URL: https://doi.org/10.22364/iscflul.7.23
Malacka M. The relations between the Singapore Mediation Convention and the European Mediation Directive. European Studies – The Review of European Law, Economics and Politics, Sciendo. 2022. Vol. 9 (2). Р. 243–264. DOI: 10.2478/eustu-2022-0023
Promoting mediation to resolve administrative disputes in Council of Europe member states. European Commission for the Efficiency of Justice. 2022. URL: https://rm.coe.int/cepej-2022-11-promoting-administrative-mediation-en-adopted/1680a95692#_ftnref27
Smolnicka M. Mediation in Municipalities in Slovakia and selected EU Countries. Scientific Bulletin of Chełm – Section of Pedagogy. 2019. № 1. Р. 167–176. URL: https://cejsh.icm.edu.pl/cejsh/element/bwmeta1.element.desklight-bcdf1c4e-0b1b-4d79-a3c9-8f27ba836aa0
Tvaronavičienė A., Kaminskienė N., Rone D., Uudeküll R. Mediation in the Baltic States: developments and challenges of implementation. Access to Justice in Eastern Europe. 2022. Vol. 4 (16). Р. 68–86. URL: https://doi.org/10.33327/AJEE-18-5.4-a000427
