- EAN13
- 9789287191557
- Éditeur
- Council of Europe
- Date de publication
- 11/10/2021
- Langue
- anglais
- Fiches UNIMARC
- S'identifier
Online dispute resolution mechanisms in civil and administrative court proceedings
Guidelines and explanatory memorandum
Council Of Europe
Council of Europe
Livre numérique
These guidelines, prepared by the European Committee on Legal Co-operation
(CDCJ) and adopted by the Committee of Ministers of the Council of Europe on
16 June 2021, are designed to help the 47 member states of the Organisation to
improve the functioning of their online dispute resolution mechanisms (ODR) in
civil and administrative court proceedings, and to ensure that such mechanisms
are accompanied by robust human rights safeguards, and that they are
compatible with the key principles of a fair trial and effective remedy –
Articles 6 and 13 of the European Convention on Human Rights – as set out in
the case law of the European Court of Human Rights. This practical legal tool
provides guidance in relation to fair procedure – access to justice, equality
of arms, evidence, effective proceedings, delivery of the decision, right to a
reasoned decision, enforcement of the decision and right to judicial review in
cases involving purely automated decisions – to transparency in the use of ODR
and requirements for hearings, as well as on specific issues such as
cybersecurity and human rights protection, including personal data protection.
(CDCJ) and adopted by the Committee of Ministers of the Council of Europe on
16 June 2021, are designed to help the 47 member states of the Organisation to
improve the functioning of their online dispute resolution mechanisms (ODR) in
civil and administrative court proceedings, and to ensure that such mechanisms
are accompanied by robust human rights safeguards, and that they are
compatible with the key principles of a fair trial and effective remedy –
Articles 6 and 13 of the European Convention on Human Rights – as set out in
the case law of the European Court of Human Rights. This practical legal tool
provides guidance in relation to fair procedure – access to justice, equality
of arms, evidence, effective proceedings, delivery of the decision, right to a
reasoned decision, enforcement of the decision and right to judicial review in
cases involving purely automated decisions – to transparency in the use of ODR
and requirements for hearings, as well as on specific issues such as
cybersecurity and human rights protection, including personal data protection.
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