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Wydawnictwo
WSGE
Wyższa Szkoła Gospodarki
Euroregionalnej
im. Alcide De Gasperi
BOOK CHAPTER (275-308)
Modern institutions of effective judicial protection. Special reference to mediation
 
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ABSTRACT
The main purpose of this article is to analyze the problems that European judges have to face daily in relation to effective judicial protection, as well as to highlight the instruments that we have at our disposal. In addition, this article also studies the jurisprudence of the European Court of Human Rights in relation to said right and the interaction of the same with the mediation. As a judge, I am very familiar with the real problems that we have to continually address in order to respect human rights when we apply our national law and European law, bearing in mind that there are no concrete answers to the Conventions. This is why I have decided to write about it and give a practical overview of the subject. The purpose of the article is to reflect, not only on the basis of the right to effective judicial protection, but also on how it materializes in the daily work of a court. Finally, I intend to show how mediation in judicial matters respects this right and can make it more effective.
 
REFERENCES (24)
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2.
Directives 2008/52/EC, 2010/64/EU, 2012/13/EU, 2013/11/EU.
 
3.
European Charter of Human Rights and Fundamental Freedoms, article 47.
 
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European Convention of Human Rights, article 6.
 
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Sáez Valcárcel R. (2007), Restorative Mediation in the criminal process. Reflection from an experience.
 
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Treaty of Lisbon, article 3.