ro fr
universul juridic magazin
Revista Română de Drept Privat

Obligation to inform about the mediation, an unconstitutional judicial innovation

The article considers the unconstitutional nature of the parties’ obligation to inform about the mediation by breaching the provisions of the Constitution of Romania, but also of the Universal Declaration of Human Rights, of the European Convention on Human Rights, of the Charter of Fundamental Rights of the European Union, but also of the Directive 2008/52/EEC of the European Parliament and of the Council of 21 May 2008. The Constitutional Court of Italy stated the unconstitutional nature of the obligation to mediation nas it breaches the above-mentioned European Directive and, obviously, the European Conventions. We make de lege ferenda proposals for the purpose of removing any obligation of the parties concerning the mediation, that it should be available only to parties, and that the mediation may also be performed by the parties’ lawyers or legal advisers, without creating any incompatibilities for them for continuing to assist the parties in the trial, according to the principle of free competition.