Challenges for the Implementation of the Consumer ADR Directive in Spain
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Oxford University Press
Spanish CADR system,Adaptation to EU lawPublic ADR entitiesPrivate ADR entitiesConsumer AssociationsOmbudsmenPrinciple of independencyPrinciple of libertyPrinciple of legalityPrinciple of fairnessPrinciple of transparency
Esteban de la Rosa, F. Challenges for the Implementation of the Consumer ADR Directive in Spain. En: Pablo Cortés (ed.). The New Regulatory Framework for Consumer Dispute Resolution. London: Oxford University Press, 2016; pp: 275-296. [http://hdl.handle.net/10481/4441]
The aim of the chapter is to analyse the challenges that the Spanish legislation will have to overcome in order to adapt to the new European Law on CADR. Spain counts with a long way experience in CADR consisting both in public and private ADR entities. In the public field the main role belongs to arbitration (the SCAS) and mediation (the OMICs), extended over the whole geography. Apparently this situation puts Spanish legislation in a good starting point for the adaptation. A closer look reveals, however, that every territorial entity (both CAB and OMICs) does not depart from the same position in order to reach the fulfilling of the European standards. Its decentralized character could orientate solutions towards a deep reform of the system to make it possible for every single entity (OMIC or CAB) to obtain its own accreditation. The legislator seems also willing to increase the role of private ADR, and also Ombudsmen paid directly by the trader, but only to some extent. This position counts today with the objection of many of the stakeholders. The Draft also leaves many questions waiting for answers by the future legislation. The chapter highlights some of the decisions the Spanish legislator should take when adapting the CADR system to the new European law.
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