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Environmental mediation: a solution to congestion of the courts

Motion for a resolution | Doc. 12335 | 07 July 2010

Mr Bernard MARQUET, Monaco, ALDE ; Mr Alain COUSIN, France, EPP/CD ; Mr Joseph FALZON, Malta, EPP/CD ; Mr Axel E. FISCHER, Germany, EPP/CD ; Mr Jean-Claude FRÉCON, France, SOC ; Mr Rafael HUSEYNOV, Azerbaijan, ALDE ; Mr Jean HUSS, Luxembourg, SOC ; Mr Tadeusz IWIŃSKI, Poland, SOC ; Ms Francine JOHN-CALAME, Switzerland, SOC ; Mr Aleksei LOTMAN, Estonia, UEL ; Ms Christine MARIN, France, EPP/CD ; Sir Alan MEALE, United Kingdom, SOC ; Mr Edward O'HARA, United Kingdom ; Ms Carina OHLSSON, Sweden, SOC ; Mr Cezar Florin PREDA, Romania, EPP/CD ; Mr John PRESCOTT, United Kingdom, SOC ; Mr René ROUQUET, France ; Ms Maria STAVROSITU, Romania, EPP/CD ; Mr Valeriy SUDARENKOV, Russian Federation, SOC ; Mr Latchezar TOSHEV, Bulgaria, EPP/CD

The purpose of environmental mediation is to manage and prevent conflicts and to achieve concerted action in the environmental field.

A very widespread practice in the United States, mediation provides a means of resolving often minor conflicts and thus avoiding recourse to the courts and, ultimately, reducing the list of cases pending before the European Court of Human Rights.

Mediation is consistent with the approach adopted by the Council of Europe, which is to support member states in advancing their policies rather than obtain judgments against them in the Court.

The Parliamentary Assembly considers it necessary to initiate discussion on this matter, which could offer a solution to the Court’s excessive workload.