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universul juridic magazin

Procedura de informare privind avantajele medierii. In cautarea unei abordari coerente. Implicatiile Deciziei Curtii Constitutionale nr. 266 din 7 mai 2014

The obligation to undergo the information procedure in relation to the benefits of mediation was an innovation, a compromise and, at the same time, a legislative improvisation which generated a large number of controversies widely discussed in the doctrine. An unbiased approach to this issue is attempted, beyond individual or group interests. Regulated for the declared purpose of streamlining the role of courts, this procedure raised serious questions as regards the access to justice. In this respect, on 7 May 2014, the Constitutional Court ruled that it “admitted the exception for unconstitutionality and found that the provisions of art. 2 paras (1) and (12) of Law no. 192/2006 on mediation and the organization of the profession of mediator are unconstitutional”, however it has not yet issued the reasons underlying its ruling; in this new context, as a supplement to the study of controversies derived from this procedure, the potential reasons underlying the decision ruled by the Constitutional Court shall also be perused – in particular the violation of the right of free access to justice, as well as the implications triggered by this ruling.