The Influence of the Court of Justice of the EU: A Guiding Light for Mandatory Mediation in Europe

Influenţa Curţii de Justiţie a UE: O perspectivă asupra medierii obligatorii în Europa

Dr Constantin-Adi GAVRILĂ, Dr Yuliya Branimirova RADANOVA

ABSTRACT

This article explores the evolving role of mandatory mediation in Europe, shaped by key decisions from the Court of Justice of the European Union (CJEU). It begins by discussing the EU Mediation Directive 2008, which aimed to promote mediation to reduce court backlogs and improve access to justice. Despite its adoption, many EU Member States struggled with effective implementation, leading to the introduction of mandatory mediation models. The mandatory mediation models that were initially introduced sparked debates about whether they undermine voluntary participation and effective access to justice. Constitutional courts in Italy supported mandatory mediation, while courts in Romania and Bulgaria opposed it. The Court of Justice of the...