28 February 2008

JUSTICE and HOME AFFAIRS meeting

No issues on financial services were discussed:

Main results of the Council

The Council reached an agreement on two issues regarding a proposal for a Council Decision establishing the European Police Office (Europol): the lifting of immunity for Europol officials when participating in operational activities, especially Joint Investigation Teams (JITs), and the principle of staff rotation and the possibility for Europol staff participating in JIT to receive instructions from the team leader. The Presidency announced its intention of reaching a political agreement on this text in April 2008.

The Council also adopted conclusions regarding the development of the second generation of the Schengen Information System (SIS II) and decided to approve the signature of protocols on the accession of Liechtenstein to Schengen.

Member states agreed to adopt a common approach for the purpose with a view to discussing with the US the implementation of the US Visa Waiver Programme Legislation.

Finally, the Council adopted a common position on mediation in civil and commercial matters.

Common position on mediation in civil and commercial matters

The Ministers reached an agreement on a Proposal for a Directive of the European Parliament and of the Council on certain aspects of mediation in civil and economic matters.  The proposal is aimed at facilitating access to alternative dispute resolution and promoting the settlement of disputes out of court.

The directive will apply to processes where two or more parties to a cross-border dispute attempt themselves on a voluntary basis to reach an amicable agreement on the settlement of their dispute with the assistance of a mediator. It should apply in civil and commercial matters. However, it should not apply to rights and obligations which the parties are not free to decide on themselves under the relevant applicable law (e.g. family law and labour law).

The proposal provides that a court before which an action is brought may invite the parties to use mediation in order to settle the dispute. The court may in any event require the parties to attend an information session on the use of mediation. This is without prejudice to national legislation making the use of mediation compulsory or subject to incentives or sanctions.

Member States should ensure that the parties to a written agreement resulting from a mediation can have the content of their agreement made enforceable. It should only be possible for a Member State to refuse to render an agreement enforceable if the content is contrary to its law, including its private international law, or if its law does not provide for the enforceability of the content of the specific agreement.

The directive shall not apply to Denmark.

Council common position on mediation in civil and commercial matters

© Graham Bishop