natgillin/translations-raw huggingface dataset:
Article III-269(2)(g) of the draft Treaty establishing a Constitution for Europe explicitly lists alternative methods of dispute settlement among the powers of the Community and makes the development of alternative methods of dispute settlement an objective.
Article III-269(2)(g) of the draft Treaty establishing a Constitution for Europe explicitly lists alternative methods of dispute settlement among the powers of the Community and makes the development of alternative methods of dispute settlement an objective.
If developing alternative methods of dispute settlement is an objective, restraint must be exercised in adopting legislation on the subject.
If developing alternative methods of dispute settlement is an objective, restraint must be exercised in adopting legislation on the subject.
New legislation will restrict the development of an alternative to legal proceedings.
New legislation will restrict the development of an alternative to legal proceedings.
The draftsman's view
The draftsman's view
The draftsman considers that the Commission's arguments are insufficiently clear to justify a directive on mediation.
The draftsman considers that the Commission's arguments are insufficiently clear to justify a directive on mediation.
He therefore proposes that the directive should apply only to international cases.
He therefore proposes that the directive should apply only to international cases.
This will avoid hampering the development of mediation as an alternative to legal proceedings in the Member States.
This will avoid hampering the development of mediation as an alternative to legal proceedings in the Member States.
Experiments with mediation would then have to comply with the requirements of the directive.
Experiments with mediation would then have to comply with the requirements of the directive.
The development of alternative methods of dispute settlement is on the agenda of Ministries of Home Affairs in several Member States, and Justice Ministries are also interested in it.
The development of alternative methods of dispute settlement is on the agenda of Ministries of Home Affairs in several Member States, and Justice Ministries are also interested in it.
The definitions provided by the Commission in Article 2 are too broad.
The definitions provided by the Commission in Article 2 are too broad.
It is necessary to limit them so that mediation cannot be abused.
It is necessary to limit them so that mediation cannot be abused.
The draftsman therefore opts, in line with the guidelines of international mediators' organisations, to require a mediation agreement to be concluded in writing and to have mediation conducted by a neutral mediation expert.
The draftsman therefore opts, in line with the guidelines of international mediators' organisations, to require a mediation agreement to be concluded in writing and to have mediation conducted by a neutral mediation expert.
In addition to defining the quality of mediation, it is necessary to provide for an independent complaints procedure and independent disciplinary rules.
In addition to defining the quality of mediation, it is necessary to provide for an independent complaints procedure and independent disciplinary rules.
If mediation is to become a fully-fledged alternative to legal proceedings, such instruments are essential.
If mediation is to become a fully-fledged alternative to legal proceedings, such instruments are essential.
Confidentiality is a feature of mediation.
Confidentiality is a feature of mediation.
Article 6 links the requirements of confidentiality of the mediation to the possible bringing of a court action.
Article 6 links the requirements of confidentiality of the mediation to the possible bringing of a court action.
In the draftsman's view, the confidentiality of mediation should also be mentioned in the heading.
In the draftsman's view, the confidentiality of mediation should also be mentioned in the heading.
Moreover, not only statements and admissions during mediation should be treated as confidential.
Moreover, not only statements and admissions during mediation should be treated as confidential.
Behaviour displayed during mediation is also seen by experts as constituting evidence for proceedings.
Behaviour displayed during mediation is also seen by experts as constituting evidence for proceedings.
It is desirable to insert this in the directive.
It is desirable to insert this in the directive.
The development of mediation in the Member States currently would not benefit from legislation.
The development of mediation in the Member States currently would not benefit from legislation.
In amended form, this directive could help to generate confidence in mediation as an alternative to court action in international disputes.
In amended form, this directive could help to generate confidence in mediation as an alternative to court action in international disputes.
Recital 10
Recital 10
(10) Mediation should not be regarded as a poorer alternative to judicial proceedings in the sense that settlement agreements are dependant on the good will of the parties for their enforcement.
(10) Mediation should not be regarded as a poorer alternative to judicial proceedings in the sense that settlement agreements are dependant on the good will of the parties for their enforcement.
It is therefore necessary to ensure that all Member States provide for a procedure whereby a settlement agreement can be confirmed in a judgment, decision or authentic instrument by a court or public authority.
It is therefore necessary to ensure that all Member States provide for a procedure whereby a settlement agreement can be confirmed in a judgment, decision or authentic instrument by a court or public authority.
It is therefore necessary to ensure that all Member States provide for a procedure whereby a settlement agreement can be confirmed in a judgment, decision or authentic instrument by a court or public authority if legislation in the field of civil or commercial law does not provide for this .
It is therefore necessary to ensure that all Member States provide for a procedure whereby a settlement agreement can be confirmed in a judgment, decision or authentic instrument by a court or public authority if legislation in the field of civil or commercial law does not provide for this .
In some Member States, an agreement reached through mediation is legally valid without any court decision or instrument.
In some Member States, an agreement reached through mediation is legally valid without any court decision or instrument.
It is therefore undesirable to compel all Member States to adopt this procedure.
It is therefore undesirable to compel all Member States to adopt this procedure.
The objective of this directive is to facilitate access to dispute resolution by promoting the use of mediation and by ensuring a sound relationship between mediation and judicial proceedings.
The objective of this directive is to facilitate access to dispute resolution by promoting the use of mediation and by ensuring a sound relationship between mediation and judicial proceedings.
The objective of this directive is to facilitate access to dispute resolution by promoting the voluntary use of mediation by the parties and by ensuring a sound relationship between mediation and judicial proceedings.
The objective of this directive is to facilitate access to dispute resolution by promoting the voluntary use of mediation by the parties and by ensuring a sound relationship between mediation and judicial proceedings.
The distinguishing feature of mediation is that both parties agree to it, and this should be specified.
The distinguishing feature of mediation is that both parties agree to it, and this should be specified.
Article 2, point (a), subparagraph 1
Article 2, point (a), subparagraph 1
(a) “Mediation” shall mean any process, however named or referred to, where two or more parties to a dispute are assisted by a third party to reach an agreement on the settlement of the dispute , and regardless of whether the process is initiated by the parties, suggested or ordered by a court or prescribed by the national law of a Member State.
(a) “Mediation” shall mean any process, however named or referred to, where two or more parties to a dispute are assisted by a third party to reach an agreement on the settlement of the dispute , and regardless of whether the process is initiated by the parties, suggested or ordered by a court or prescribed by the national law of a Member State.
(a) “Mediation” shall mean a process, however named or referred to, where two or more parties to a dispute seek to reach an agreement on the settlement of their dispute through a mediator.
(a) “Mediation” shall mean a process, however named or referred to, where two or more parties to a dispute seek to reach an agreement on the settlement of their dispute through a mediator.
This process may be initiated by the parties, suggested or ordered by a court with the consent of the parties or initiated pursuant to an obligation laid down by the national law of a Member State.
This process may be initiated by the parties, suggested or ordered by a court with the consent of the parties or initiated pursuant to an obligation laid down by the national law of a Member State.
This definition states that the aim is to reach agreement through a mediator, whose job is not to 'assist' the parties.
This definition states that the aim is to reach agreement through a mediator, whose job is not to 'assist' the parties.
It also makes it clear that the mediation process must always have the consent of both parties.
It also makes it clear that the mediation process must always have the consent of both parties.
This is of essential importance to its success.
This is of essential importance to its success.
Article 3, paragraph 1
Article 3, paragraph 1
A court before which an action is brought may, when appropriate and having regard to all circumstances of the case, invite the parties to use mediation in order to settle the dispute.
A court before which an action is brought may, when appropriate and having regard to all circumstances of the case, invite the parties to use mediation in order to settle the dispute.
The court may in any event require the parties to attend an information session on the use of mediation.
The court may in any event require the parties to attend an information session on the use of mediation.
The court may ask the parties to attend an information session on the use of mediation.
The court may ask the parties to attend an information session on the use of mediation.
The formulation in the original text exceeds the bounds of the framework-setting character of the proposal for a directive and violates the subsidiarity principle in respect of the courts.
The formulation in the original text exceeds the bounds of the framework-setting character of the proposal for a directive and violates the subsidiarity principle in respect of the courts.
This amendment leaves open the possibility of formulating referrals.
This amendment leaves open the possibility of formulating referrals.
Member States shall promote and encourage the training of mediators in order to allow parties in dispute to choose a mediator who will be able to effectively conduct a mediation in the manner expected by the parties.
Member States shall promote and encourage the training of mediators in order to allow parties in dispute to choose a mediator who will be able to effectively conduct a mediation in the manner expected by the parties.
Member States shall promote and encourage the training of mediators in order to allow parties in dispute to choose a mediator who will be able to conduct a mediation effectively, in a responsible manner and in accordance with the justified expectations of the parties.
Member States shall promote and encourage the training of mediators in order to allow parties in dispute to choose a mediator who will be able to conduct a mediation effectively, in a responsible manner and in accordance with the justified expectations of the parties.
It is possible that parties to a mediation procedure may enter into it with completely opposite expectations.
It is possible that parties to a mediation procedure may enter into it with completely opposite expectations.
The text should therefore be amended to make provision for this criterion.
The text should therefore be amended to make provision for this criterion.
Article 6, heading
Article 6, heading
Admissibility of evidence in civil judicial proceedings
Admissibility of evidence in civil judicial proceedings
Confidentiality of the mediation procedure
Confidentiality of the mediation procedure
In this article, the emphasis should be on the confidentiality of the mediation procedure.
In this article, the emphasis should be on the confidentiality of the mediation procedure.
It follows that information obtained through mediation cannot be adduced as evidence in judicial proceedings.
It follows that information obtained through mediation cannot be adduced as evidence in judicial proceedings.
This also applies to administrative judicial proceedings, and is not confined to civil proceedings.
This also applies to administrative judicial proceedings, and is not confined to civil proceedings.
The amendment to the heading applies to both.
The amendment to the heading applies to both.
Article 6, paragraph 1, point (a)
Article 6, paragraph 1, point (a)
(a) An invitation by a party to engage in mediation or the fact that a party was willing to participate in mediation;
(a) An invitation by a party to engage in mediation or the fact that a party was willing to participate in mediation;
An invitation or offer by a party to end a dispute through mediation should not be covered by the provisions on the confidentiality of mediation.
An invitation or offer by a party to end a dispute through mediation should not be covered by the provisions on the confidentiality of mediation.
Proposal for a directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters
Proposal for a directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters
Committee asked for its opinion Date announced in plenary
Committee asked for its opinion Date announced in plenary
LIBE 27.10.2004
LIBE 27.10.2004
Date amendments adopted
Date amendments adopted
Alexander Nuno Alvaro, Edit Bauer, Johannes Blokland, Mihael Brejc, Kathalijne Maria Buitenweg, Michael Cashman, Jean-Marie Cavada, Charlotte Cederschiöld, Carlos Coelho, Fausto Correia, Agustín Díaz de Mera García Consuegra, Rosa Díez González, Antoine Duquesne, Kinga Gál, Lívia Járóka, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Stavros Lambrinidis, Henrik Lax, Sarah Ludford, Helmuth Markov, Edith Mastenbroek, Jaime Mayor Oreja, Claude Moraes, Hartmut Nassauer, Bogdan Pęk, Martine Roure, Michele Santoro, Inger Segelström, Manfred Weber, Stefano Zappalà, Tatjana Ždanoka
Alexander Nuno Alvaro, Edit Bauer, Johannes Blokland, Mihael Brejc, Kathalijne Maria Buitenweg, Michael Cashman, Jean-Marie Cavada, Charlotte Cederschiöld, Carlos Coelho, Fausto Correia, Agustín Díaz de Mera García Consuegra, Rosa Díez González, Antoine Duquesne, Kinga Gál, Lívia Járóka, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Stavros Lambrinidis, Henrik Lax, Sarah Ludford, Helmuth Markov, Edith Mastenbroek, Jaime Mayor Oreja, Claude Moraes, Hartmut Nassauer, Bogdan Pęk, Martine Roure, Michele Santoro, Inger Segelström, Manfred Weber, Stefano Zappalà, Tatjana Ždanoka
Richard Corbett, Panayiotis Demetriou, Jeanine Hennis-Plasschaert, Sylvia-Yvonne Kaufmann, Jean Lambert, Bill Newton Dunn, Marie-Line Reynaud, Agnes Schierhuber, Kyriacos Triantaphyllides
Richard Corbett, Panayiotis Demetriou, Jeanine Hennis-Plasschaert, Sylvia-Yvonne Kaufmann, Jean Lambert, Bill Newton Dunn, Marie-Line Reynaud, Agnes Schierhuber, Kyriacos Triantaphyllides
Richard James Ashworth, Helmuth Markov, Manolis Mavrommatis, Frédérique Ries, John Whittaker
Richard James Ashworth, Helmuth Markov, Manolis Mavrommatis, Frédérique Ries, John Whittaker
Дата на представяне на ЕП
Date submitted to Parliament
Marek Aleksander Czarnecki, Cristian Dumitrescu, Monica Frassoni, Giuseppe Gargani, Klaus-Heiner Lehne, Katalin Lévai, Antonio Masip Hidalgo, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Aloyzas Sakalas, Francesco Enrico Speroni, Rainer Wieland, Jaroslav Zvěřina, Tadeusz Zwiefka
Marek Aleksander Czarnecki, Cristian Dumitrescu, Monica Frassoni, Giuseppe Gargani, Klaus-Heiner Lehne, Katalin Lévai, Antonio Masip Hidalgo, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Aloyzas Sakalas, Francesco Enrico Speroni, Rainer Wieland, Jaroslav Zvěřina, Tadeusz Zwiefka
Mogens N.J. Camre, Nicole Fontaine, Janelly Fourtou, Jean-Paul Gauzès, Kurt Lechner, Eva Lichtenberger, Arlene McCarthy, Marie Panayotopoulos-Cassiotou, Michel Rocard, Gabriele Stauner, József Szájer, Jacques Toubon
Mogens N.J. Camre, Nicole Fontaine, Janelly Fourtou, Jean-Paul Gauzès, Kurt Lechner, Eva Lichtenberger, Arlene McCarthy, Marie Panayotopoulos-Cassiotou, Michel Rocard, Gabriele Stauner, József Szájer, Jacques Toubon
за положението на жените с увреждания в Европейския съюз
on the situation of women with disabilities in the European Union
PE 382.510v04-00
PE 382.510v04-00
EXPOSÉ DES MOTIFS............................................................................................................10
EXPLANATORY STATEMENT................................................................................................9
относно положението на жените с увреждания в Европейския съюз
on the situation of women with disabilities in the European Union
– като взе предвид Конвенцията за правата на хората с увреждания, приета от Генералната асамблея на Организацията на обединените нации на 13 декември 2006 г.,
– having regard to the Convention on the Rights of Persons with Disabilities which was adopted by the UN General Assembly on 13 December 2006,
– като взе предвид манифеста на жените с увреждания в Европа, приет на 22 февруари 1997 г. в рамките на Европейския форум на хората с увреждания,
– having regard to the Manifesto of Disabled Women in Europe which was adopted on 22 February 1997 by the European Disability Forum,
– като взе предвид Хартата за основните права на Европейския съюз
– having regard to the EU Charter of Fundamental Rights
– като взе предвид Европейската година на равните възможности за всички (2007),
– having regard to European Year of Equal Opportunities for All (2007),
– като взе предвид член 13 от Договора за Европейски съюз,
– having regard to Article 13 of the Treaty on European Union,
– като взе предвид съобщението на Комисията, озаглавено „Равни възможности за хората с увреждания: европейски план за действие“ ( COM(2003)0650 ),
– having regard to the Commission Communication entitled 'Equal Opportunities for People with Disabilities: a European Action Plan' ( COM(2003)0650 ),
– като взе предвид доклада на Комисията по правата на жените и равенството между половете (A6 0075/2007),
– having regard to the report of the Committee on Women's Rights and Gender Equality ( A6‑0075/2007 ),
А. като има предвид, че в Конвенцията на Организацията на обединените нации за правата на лицата с увреждания се отчита факта, че жените и момичетата с увреждания често са изложени на по-голям риск, в и извън своя дом, от насилие, телесни повреди или злоупотреба, небрежно или нехайно отношение, малтретиране или експлоатация,
A. whereas in the UN Convention on the Rights of Persons with Disabilities it is recognised that women and girls with disabilities are often at greater risk , both within and outside the home, of violence, injury or abuse, neglect or negligent treatment , maltreatment or exploitation,
Б. като има предвид, че в Конвенцията на ООН за правата на лицата с увреждания също се подчертава необходимостта от включване на принципа за равенство между половете във всички усилия за насърчаване на пълното ползване на правата на човека и основните свободи от страна на лицата с увреждания,
B. whereas the UN Convention on the Rights of Persons with Disabilities also emphasises the need to incorporate a gender perspective in all efforts to promote the full enjoyment of human rights and fundamental freedoms by persons with disabilities,
В. като има предвид, че Конвенцията на ООН за правата на лицата с увреждания признава правото на брак и на деца от брака за всички лица с увреждания, които са на възраст, на която могат да сключат брак,
C. whereas the UN Convention on the Rights of Persons with Disabilities recognises the right of all persons with disabilities, and who are of marriageable age, to marry and to start a family,
Г. като има предвид, че почти 80% от жените с увреждания са жертва на психологическо и физическо насилие и като има предвид, че рискът от сексуално насилие е по-висок за тях, отколкото за други жени; като има предвид, че насилието не само често е част от живота на жените с увреждания, но понякога е и самата причина за тяхното увреждане,
D. whereas nearly 80 per cent of women with disabilities are victims of psychological and physical violence and whereas the risk of sexual violence is greater for them than for other women; whereas violence is not only a common feature of the lives of women with disabilities but is also sometimes the actual cause of their disability,
Д. като има предвид, че хората с увреждания представляват многообразна група от населението и че действията, предназначени, за да им се окаже подкрепа, трябва да вземат предвид както тяхното многообразие, така и факта, че някои групи като жените с увреждания са изправени пред допълнителни трудности и различни видове дискриминация,
E. whereas persons with disabilities constitute a diverse population group, and actions designed to support them must take into account both this diversity and the fact that some groups, such as women with disabilities, face additional difficulties and multiple discrimination,
Е. като има предвид, че според изследванията, проведени от държавите-членки, най-вече майките са тези, които предприемат стъпки (в областта на медицината, образованието, администрацията и др.), с цел да се осведомят за увреждането на детето си и да намерят най-добрите решения и подход към него,
F. whereas, according to research carried out by the Member States, it is mothers in particular who take the steps (medical, educational, administrative, etc.) aimed at finding out about their child’s disability and finding the best solutions for tackling it,
Ж. като има предвид, че отговорността за хората с увреждания и зависимите лица най-често се поема от жени и че това означава, че в някои случаи, в които няма подходящи условия за прием, те трябва да напуснат работния пазар,
G. whereas the responsibility for disabled and dependent persons is usually taken on by women and this means, in certain cases where there are no appropriate reception facilities, that they must leave the labour market,
З. като има предвид, че както европейските институции, така и националните и регионални власти следва да насърчават действия с цел равенството между хората да се превърне в действителност и да бъде ефективно и като има предвид, че Годината на равните възможности за всички следва да служи за катализатор за това,
H. whereas both the EU institutions and the Member States' central and regional authorities should take action designed to ensure that equality for all is something genuine and effective, and whereas the Year of Equal Opportunities for All should serve as a catalyst for this,
И. като има предвид, че жените с увреждания са жертва на различни видове дискриминация на основания, свързани с техния пол, расова принадлежност и увреждания, и че те са изложени на по-висок риск от бедност и социално изключване,
I. whereas women with disabilities suffer multiple discrimination on the grounds of sex, gender, race, impairment and disability and are more at risk from poverty and social exclusion,