Moісеєнко О. М. Медіація як засіб вирішення спорів між державами-членами ЄС (інституційний вимір)

Автор:

O. M. Moiseenko (Моісеєнко О. М.), аспірант кафедри права Європейського Союзу, НЮУ ім. Ярослава Мудрого ORCID 0000-0003-4443-4890

Анотація (Abstract)

Mediation is one of the effective tools that have been used since ancient times in inter-state and intra-state relations for the settlement of publiclaw and private-law disputes between various subjects, which is carried out by involving a third neutral person or party, which is called to facilitate establishing communication between conflicting parties and reaching an agreement. Today, mediation is increasingly used by the European Union as a means of resolving disputes between its member states through its institutional system. The article focuses on the legal framework of mediation as an alternative means of resolving disputes between the Member States of the European Union. The peculiarities of mediation powers of the European Commission and specialized EU institutions with the competence to consider such disputes (European Labor Agency, European Food Safety Agency, European Insurance and Occupational Pensions Agency, European Banking Agency, European Securities and Markets Agency) are revealed. Based on the results of the study, it was concluded that In practice, member states prefer extrajudicial means, primarily the institution of mediation, because they are «soft» forms of dispute resolution and allow to take into account the current state of affairs in their relations more deeply.

Ключові слова (Key words): mediation, EU Law, dispute resolution, alternative dispute resolution, EU member-states, European Labour Authority, European Food Safety Authority, European Insurance and Occupational Pensions Authority