The EUROL 3 short term experts Jelena Arsic and Jelena Jerinic developed a Comparative Analysis on the use of mediation in administrative disputes.
The Analysis provides a description of the relevant issues in this field with concrete proposals for potential amendments of the relevant national laws (Law on Administrative Disputes and the Law on Alternative Dispute Resolution), as well as proposals for the selection of administrative disputes suitable for mediation, and other relevant mediation implementation aspects (having in mind the experiences of other European countries).
The proposed recommendations are related to amendments to the ADR Law and the Law on Administrative Disputes, the gradual introduction of mediation in administrative disputes through pilot projects of voluntary mediation in certain administrative areas (during a certain trial period of three or five years) and considering the possibility for administrative bodies in their regular practice to use internal review regarding the legality of acts relating to citizens and legal entities. With appropriate amendments to the Law on Administrative Procedure and the Law on Administrative Disputes, internal review in certain cases could also be envisaged as a prerequisite for initiating an administrative dispute.
The Analysis has been reviewed by the EUROL 3 justice team and submitted to the ADR Centre and the Administrative Court of Montenegro for their review and potential implementation.
