Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2017.54.123.013
Out-of-court dispute resolution in French administrative law
Daniel Chabanol
Sažetak
Introduction: Out-of-court dispute resolution with administration must not and should not deprive anyone of their right to seek the help of a judge to resolve that dispute. Mediation in no way should not lead to a binding solution for a particular party without the consent of that party. I/ French regulatory and court framework is not partial to out-of court dispute resolution jusridiction. Public Law is „hard“ law and leaves an insignificant margin of discretion within which efforts for mediation could be developed which ordinarily should lead to „mutual and balanced concessions“. Apart from that, a concession which entails accepting giving up a part of rights, various bodies for controlling public powers and in a general sense citizens view with suspicion „agreement between friends“. Therefore, it is rarely applied, and especially because developing such room for leverage destroys the principle of predictability. Court practice seemed to hesitate between 1971 and 2002 in the area of the possibility of dispute resolution and without that mediation is not possible. II/ It is desirable to leave room for mediation. Given that legal and normative circumstances are becoming more and more complex, the existence of room for mediation is conditioned by the faith citizens should have in the legal system. If the legal system consists solely of court and therefore strict and long lengthy legal systems, citizens will soon become removed from their concerns. The mediation process and achieved bargaining should nevertheless be in accordance with strict methodological demands if we want to avoid them turning in bad agreements. Demands refer to transparency and explanation of bargains according to the competency of the mediator based on their independency and impartiality. In conclusion: the development of mediation also demands a new approach in legal relations and in the task of judges. Judges should only provide interpretation of the norm which is imposed and check, if this is challenged, whether it exceeds mediatory solutions’ limits of acceptable flexibility.
Ključne riječi
France; administrative law; mediation; dispute resolution; out-of-court dispute resolution
Hrčak ID:
175793
URI
Datum izdavanja:
23.2.2017.
Posjeta: 6.510 *