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Facilitating access to justice via the internet

In a report unanimously adopted today, the Committee on Legal Affairs and Human Rights encourages member States to put in place mechanisms for alternative dispute resolution (ADR) by means of online dispute resolution procedures (ODR).

Jordi Xuclà (Spain, ALDE), rapporteur, considers that "although these procedures are by no means a panacea, they facilitate access to the judicial system and help to settle disputes more rapidly, at a lower cost and in a less conflictual manner than conventional litigation." ODR mechanisms also afford more flexibility in the choice of procedures used and solutions offered.

Such procedures and the corresponding information and communication technologies (ICTs) nevertheless entail some technical issues, inequalities in individuals’ access to online resources, privacy issues and problems regarding the enforcement of decisions, the Committee concluded. It therefore stresses the need to safeguard the rights enshrined in the European Convention on Human Rights, and in particular the right to a fair trial and the right to an effective remedy.