Consideraţii privind proceduri alternative de soluţionare a disputelor în lumina prevederilor Ordananţei nr. 94 din 30 august 1999

Abstract

The study begins by discussing the present state of affairs involving Romanian cases submitted to the European Court of Human Rights, to which Romania is a party, especially considering the overwhelming number of requests submitted, the position adopted by the Court in its relevant pilot judgments, the relative state of delay with which Romania is currently confronted, with regard to the requirements of the Council of Europe organs. Also, this situation is discussed in consideration of the measures, often inappropriate, taken over time with the purpose of fixing the shortcomings observed by the Court and of progressively implementing the principles that govern the human rights field in order to establish the rule of law in the state. It follows that in the field of alternative methods of dispute resolution, the present legal framework, set out by Ordinance no. 94/1999 can be improved. In particular, the author focuses on the meaning of the amicable agreement provided by article 8 of Ordinance no. 94/1999, its juridical nature and its consequences. Also, the author whishes to propose an evaluation of the legal framework required in order to obtain an improvement in the exploitation of actions in regress promoted by the state, provided by article 12 of the aforementioned normative act.

Keywords

• amicable agreement
• european court of human rights
• mediation
• alternative methods of dispute resolution.