Disputes Between Individuals and Member States: SOLVIT
SOLVIT is an on-line problem-solving network in which the Member States work together to solve without legal proceedings problems caused by the misapplication of Internal Market law by public authorities. There is a SOLVIT centre in every Member State (as well as in Norway, Iceland and Liechtenstein). SOLVIT Centres can help with handling complaints from both citizens and businesses. They are part of the national administration and promise to provide solutions to problems within 10 weeks. SOLVIT has been working since July 2002 and using SOLVIT is free of charge. The European Commission coordinates the network, which is operated by the Member States, the European Commission provides the database facilities and, when needed, helps to speed up the resolution of problems. The Commission also passes formal complaints it receives on to SOLVIT if there is a good chance that the problem can be solved without legal action. Producers or traders can submit a case to SOLVIT when their complaint is caused by an incorrect application of EC law and when their complaint is addressed at a public authority. The handling of disputes between business-to- business or consumer-to-business fall outside the scope of SOLVIT. The policy areas
SOLVIT has mostly dealt with so far concern recognition of professional qualifications and diplomas, access to education, residence permits, voting rights, social security, employment rights, driving licences, motor vehicle registration, border controls, market access for products, market access for services, establishment as self-employed, public procurement, taxation and free movement of capital or payments.
Figure 16. Operation of SOLVIT mechanism.
Source: http://europa.eu.int/solvit/
3.5. Disputes Between Individuals
3.5.1. Alternative Dispute Resolution in Civil and Commercial Matters
The European Council has repeatedly stressed the importance of alternative means of settling disputes, in particular in Vienna in December 1998 and then in Tampere in October 1999 at the meeting devoted to the creation of an area of freedom, security and justice within the European Union. Also at the Lisbon March 2000 European Council meeting, the Commission was asked to consider alternative dispute resolution systems. In the employment relations’ field, the Brussels European Council of December 2001 stressed the importance of voluntary mediation mechanism.
Alternative dispute resolution (ADR) is defined by the Commission as out-of-court dispute resolution processes conducted by a neutral third party, excluding arbitration power. Arbitration is closer to quasi-judicial procedure than to ADR as arbitrators’ awards replace judicial decisions. A distinction is made by the Commissionbetween ADR conducted by courts or entrusted by the court to a third party (‘ADRs in the context of judicial proceedings’) and ADRs used by the parties to a dispute through an out-of-court procedure (‘Conventional ADRs). A second distinction is made between the different conventional ADR procedures. In certain ADR procedures the third party responsible can be called upon to take a decision that is binding for one party (often the case with Ombudsmen) or make a
recommendation to the parties which they are free to follow or not (as is the case with the Consumer Complaint Boards in Scandinavian countries). In other ADR procedures, the third party does not formally adopt a position on the possible means of resolving the dispute but simply help the parties come to an agreement. A public opinion survey of 2004 reveals that 60 % of EU citizens are aware of the existence of alternative mechanisms of dispute settlement in this area.
