CEU Electronic Theses and Dissertations, 2015
| Author | Bogdanoski, Aleksandar |
|---|---|
| Title | Explaining Change in the Implementation of the Directive on Mediation: Domestic Politics Above All |
| Summary | On 4 April 2008, the European Parliament adopted the Directive on certain aspects of mediation in civil and commercial matters (Directive on Mediation), which aimed to provide a policy framework for the future development of mediation as a form of ADR. However, despite the legal and political support for the policy, the Directive barely contributed to any changes on the ground in most Member States and has fallen short of achieving its objective to ensure a balanced relationship between mediation and judicial proceedings. This study attempts to understand the reasons for the limited practical impact of the Directive by identifying the key factors in the process of its implementation at the national level. In order to address this question, this study examines the dynamics of the implementation of the Directive in Italy and Sweden. Based on the analysis, the study concludes that change was determined by domestic change agents and their ability to frame the reform in the light of a domestically salient problem, thereby increasing the likelihood for change. The findings of this study place EU-pioneered reforms in civil justice in the area of domestic politics and highlight the need for future EU policies to empower change agents at the domestic level and provide a stimulus for change beyond formal compliance. |
| Supervisor | Lindstrom, Nicole; Granger, Marie-Pierre |
| Department | Public Policy MA |
| Full text | https://www.etd.ceu.edu/2015/bogdanoski_aleksandar.pdf |
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