The European Commission is seeking to facilitate citizens’ access to justice by promoting alternative dispute prevention mechanisms. The proposal for a Directive on mediation of 22 October 2004(!) was voted on by the European Parliament’s Legal Affairs Committee at its meeting of 20 March 2007. The European Commission chose Article 65 of the EC Treaty as the legal basis for this Directive.
The Council of the Notariats of the European Union (CNUE) has expressed its opinion on several occasions regarding how to make the agreements resulting from mediation enforceable. A spokesperson for the CNUE presidency said that it was satisfied with the interim result obtained in the Legal Affairs Committee on 20 March 2007. “Parliament’s proposed text is balanced and forms the basis of a strong solution allowing for legal certainty to be created. The European notariat therefore supports the compromise reached by Parliament’s legal committee.”
According to the compromise, the content of the agreement resulting from a mediation procedure may be made enforceable in a judgment or a decision or by an authentic act by a court or other competent authority in accordance with the law of the Member State where the request is made. “The Parliament’s text thus conforms to the Community acquis, which the CNUE is very satisfied about in the name of the coherence of EU legislation. We now hope that both the Parliament’s plenary assembly and the Council under the German presidency will follow the Legal Affairs Committee’s opinion on this point” said the CNUE presidency’s spokesperson.