Abstract

MENDEZ ROCASOLANO, María. Between security, freedom, and justice. Mediation and fundamental rights in Europe. Rev. Cient. Gen. José María Córdova [online]. 2022, vol.20, n.37, pp.129-142.  Epub Jan 01, 2022. ISSN 1900-6586.  https://doi.org/10.21830/19006586.861.

European norms and institutions have consolidated a regulatory framework for conflict resolution with a mediation directive; however, its national application is heterogeneous. Thus, to unify its use as an effective mechanism and incorporate the culture of mediation, it has been deemed mandatory in a mitigated way. This article addresses the arising tense doctrinal discussion that supports the reflection on effective judicial protection and security and freedom and justice, essential matters of fundamental rights, democracy, and the rule of law. The current dogmatic criteria are addressed, the right to adequate judicial protection as a fundamental right is analyzed, and finally, European jurisprudence on the subject is discussed, especially the solution of Italian law, which is considered exemplary.

Keywords : administration of justice; fundamental rights; judicial protection; jurisprudence; liberty.

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