NCJ Number
198227
Date Published
May 2002
Length
54 pages
Annotation
This Recommendation adopted by the Committee of Ministers of the Council of Europe describes legal alternatives to litigation.
Abstract
Focusing on legal alternatives to litigation, this Recommendation and Explanatory Memorandum discusses administrative authorities and private parties’ adoption of Articles on September 5, 2001. Beginning with a discussion of Recommendation Rec(2001)9, designed to achieve greater unity among the Committee Members of the Council of Europe, the document summarizes various reasons for considering alternative means to litigation, including developing more flexible systems to attenuate the formality of the judicial system. Focusing on the recommendation’s general provisions, relationship with courts, and special features of alternative means, this document explains the development of alternative means for settling disputes between administration and private parties as related to various situational and structural factors. Presenting a summary report on the situation of alternative means of litigation between administrative authorities and private parties in member states of the Council of Europe, the recommendation describes procedures for preventing litigation between administrative authorities and private persons, non-judicial procedures for settling administrative disputes, and alternative judicial procedures for settling administrative disputes.