When a State Is a Party to a Dispute – (Court-)Administrative Mediation in Poland and in Ukraine (A Comparative Perspective)
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Date
2023
Authors
Journal Title
Journal ISSN
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Publisher
Wydawnictwo KUL
Abstract
Ukraine’s status as a candidate country for the Eu-ropean Union membership reinforces the need for compar-ative analysis between Ukrainian regulations and the laws of other EU Member States, as well as European regulations. One of the fields of comparative law is the development of medi-ation as a legal institution, also in cases when the state is in-volved – for disputes covered by administrative law. This has already been a subject of interest and promotion of both the EU and the Council of Europe, as European standards of democra-cy provide for the state’s cooperation with citizens/individuals. The aim of this article is – firstly – to compare the current devel-opment of mediation in administrative and court-administra-tive cases in Poland and in Ukraine, the similarities in successes and challenges, and – secondly – to determine to what extent both countries follow the latest CEPEJ guidelines. Although the state of research and literature on this subject is advanced in Poland and slightly less satisfactory in Ukraine, a comparative overview of this type of mediation regulations can be consid-ered a novum. As for methodology, the paper is dominated by the logical-linguistic method, although some conclusions were drawn on the basis of both statistics and participant observa-tion, i.e. the authors’ own mediation practice. So far – although both legal systems are quite compatible with the CEPEJ guide-lines examined and provide for inter-branch solutions – in both countries in question, the development of administrative and court-administrative mediation is not a “success story.” A con-trario: it can be classified as developing in the least resilient manner. To some extent, Poland and Ukraine show similarities and correlations in terms of successes and challenges, as well as social and mental barriers to mediation development.
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Keywords
administrative and court-administrative mediation, Polish law, Ukrainian law
Citation
"Review of European and Comparative Law", 2023, T. 53, nr 2, s. 129–148.