Introduction to the subject
All perspectives (law, history, sociology, administrative science) are welcome and the approach can be theoretical and/or practical. The paper may focus on existing and/or prospective legal procedures. It may either deal with a specific legal order or with different legal orders by using the comparative methodology in a systematic way.
In a broad sense, mediation refers here to the ternary process of co-creation of a solution to a dispute involving a public administration and framed by an impartial and neutral third “party”. Therefore, it also includes the so-called procedures of “conciliation” even if the two notions are not strictly synonymous.
Non-exhaustive suggestions of topics
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Cultural openness or, conversely, resistance of the administrative justice system towards mediation/conciliation with a public administration
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Interactions between Ombudsmän and administrative courts
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Mediation/conciliation procedures "within" the judicial review: either as a previous requirement to refer the matter to the court (prior mandatory mediation/conciliation); or in the course of proceedings; or as a mean to enforce a court’s decision.
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Legal status of the third party in charge of the mediation/conciliation "within" the judicial review: the judge, a public institution such as the Ombudsman, lawyer, free-lance mediator, etc.
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Administrative case law on mediation/conciliation with a public administration
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Effectiveness of the agreement resulting from a mediation/conciliation; administrative
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judge’s approval (homologation) to enforce such agreement
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Potential specificities of the principles governing mediations/conciliations (freedom and equality of the parties, neutrality, confidentiality, etc.) when applied to administrative law, especially regarding private law.
Procedure
Papers are due by 1st September 2024 and will be submitted to a double blind peer review procedure.
They can be written either in English or in French, and their length must be between 30.000 and 50.000 characters, including spaces.
Author guidelines are available here.
Please send your proposal and/or any previous question to Prof. Rhita Bousta, scientific editor of this issue: rhita.bousta@univ-lille.fr
The issue will be published in Summer 2025.
(Please note that we also accept initial papers for the "Varia" section of the journal).