UNIT13: ACCESS TO JUSTICE Francisco de Paula PUIG BLANES Senior Judge.

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UNIT13: ACCESS TO JUSTICE Francisco de Paula PUIG BLANES Senior Judge

ACCESS TO JUSTICE Precedents: Council of Europe Recommendation (81) 7 of 14 May on measures facilitating access to justice Recommendation (84) 5 of 28 February on principles of civil procedure designed to improve the functioning of justice. European Union Action: Tampere European Council Hague Programme Stockholm Programme

ACCESS TO JUSTICE : Victims of Crime Precedents: United Nations Council of Europe European Union: Evolution CJEC Judgment “Ian William Cowan” 2 February 1989 European Parliament Resolution of 12 September 1989 on the indemnification of victims of violent crime Council Framework Decision 2001/220/JHA, dated 15 March 2001 Victim’s Rights Right to compensation from the offender Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims Compensation paid by states Mechanism for application and information: assisting and deciding authorities.

ACCESS TO JUSTICE : Mediation Precedents: Council of Europe Recommendation R (98) 1 of 21 January 1998 of the Committee of Ministers to member states on family mediation Recommendation R (2002) 10 of 18 September 2002 on mediation in civil matters. Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 Scope Mediator: training and conditions in which he/she performs his/her duties Whether or not submission to mediation is voluntary Prohibition on use of the content of mediation as evidence without agreement (exceptions) Enforcement of agreements

ACCESS TO JUSTICE : Legal aid The right to a fair and public hearing and legal aid. Bilateral and Multilateral Precedents Convention on International Access to Justice, done in the Hague on 25 October 1980 European Agreement on the Transmission of Applications for Legal Aid, done in Strasbourg on 27 January Council Directive 2002/8/EC of 27 January 2003 Material, personal and territorial scope Minimum content of the right Processing the request for recognition of the right to legal aid in another country: transmitting and receiving authorities