6 Amendments of Tiziano MOTTI related to 2011/0373(COD)
Amendment 57 #
Proposal for a directive
Recital 3a (new)
Recital 3a (new)
(3a) The Member States whose national legislation goes beyond the basic requirements of the Mediation Directive appear to have achieved important results in promoting the non-judicial treatment of disputes in civil and commercial matters; the results achieved, in particular in Italy, Bulgaria and Romania, show that mediation can help to provide a convenient and swift out-of-court settlement of disputes through procedures that are tailored to the parties' requirements and the need to protect consumers.
Amendment 58 #
Proposal for a directive
Recital 6
Recital 6
(6) The development within the European Union of well-functioning alternative dispute resolution is necessary to strengthen consumers' confidence in the internal market, including in the area of e- commerce. Such development should build on existing ADR procedures in the Member States and respect their legal traditions. The dissemination of ADR can also prove to be important in those countries in which there is a substantial backlog of cases pending before the courts, which does not enable EU citizens to exercise their right to a fair trial within a reasonable time.
Amendment 65 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 78 #
Proposal for a directive
Recital 23
Recital 23
(23) This Directive does not prescribe that participation of traders in ADR procedures be mandatory or that the outcome of such procedures be binding on traders, when a consumer has lodged a complaint against them. However, this Directive is without prejudice to any national rules making the participation of traders in such procedures mandatory or their outcome binding on traders, provided that such legislation does not prevent the parties from exercising their right of access to the judicial system as guaranteed in Article 47 of the Charter of Fundamental Rights of the European Union. It would be desirable for the use of ADR to be made compulsory in those Member States in which the legal system has been recognised by the OECD as being prejudicial to the rights of claimants to a fair trial within a reasonable time.
Amendment 81 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Member States should provide for penalties for any party or parties which, for their own ends and without any justified objective reason, refuse to accept the procedure, thereby forcing consumers to forego their claims, or to face substantial costs, which could easily be borne by the supplier, thus creating a clear imbalance.
Amendment 128 #
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1 a (new)
Article 14 – paragraph 3 – subparagraph 1 a (new)
Member States should provide specific training, based on ODR techniques, more specifically, in order to ensure that the natural persons in charge of dispute resolution have the necessary skills in accordance with Article 6 of the proposal for a directive.