Assessment of the Correct Implementation of Article 4 of Directive 2008/52/EC of 21 May 2008 on Some Aspects of Mediation in Civil and Commercial Matters in the Polish Legal System

Abstract

The purpose of the article, which has not been analysed so far, is the assessment of the correct implementation of Article 4 of Directive 2008/52/EC in the Polish legal system. The starting point for the considerations made herein has been the determination of the required minimum harmonisation level and the indication of results which are binding for the state authorities. At a further stage, an analysis has been made of applicable Polish regulations on preliminary and continuing training for mediators and of actions undertaken to develop ethical and deontological codes and to make them commonly observed by mediators in the context of the results indicated in Article 4 of Directive 2008/52/EC. The results of the analysis have indicated faults in the process of implementation in the form of a too narrow transposition of Article 4 of Directive 2008/52/EC and a failure to ensure the effectiveness of its resolutions, and also pointing the direction to ensure the effet utile of Article 4 of the Directive of the European Parliament and of the Council of 21 May 2008, constituting the starting point for determining the directions at the stage of legislative work related to ensuring the appropriate quality of mediation.