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Guidelines of the Committee of Ministers of the Council of Europe on Online Dispute Resolution Mechanisms in Civil and Administrative Court Proceedings and Explanatory Memorandum
ISBN 9789287190758
Publication year: 2021

Cdn: $23.50; US: $16.00
Paperback
Language: English
54 pages
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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.

Table of contents:
  • GUIDELINES OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE ON ONLINE DISPUTE RESOLUTION MECHANISMS IN CIVIL AND ADMINISTRATIVE COURT PROCEEDINGS
    • Preamble
    • Purpose and scope
    • Definitions
    • Fundamental principles
    • The guidelines
  • EXPLANATORY MEMORANDUM
    • General comments
    • Preamble
    • Purpose and scope
    • Definitions
    • Fundamental principles
    • The guidelines
    • Appendix – Cybersecurity checklist for member States
    • Bibliography
Guidelines of the Committee of Ministers of the Council of Europe on Online Dispute Resolution Mechanisms in Civil and Administrative Court Proceedings and Explanatory...
Cdn: $23.50; US: $16.00
Council of Europe BookID: 128912 Added: 2021.10.22