| Popis: |
The European discipline evolution of the protection system for investors has seen in the recent years a growing attention to the use of ADR procedures as the main instrument for the settlement of disputes out-of-courts. The ratio of the intervention is to make sure that consumers can make use of the full potential of the domestic and European markets, and to do this the ADR should be available for all types of consumer disputes, nationally and cross-border, with high quality standards applicable throughout the European Union. In light of this evolving legislation is under study and definition a reform of the current asset of the Conciliation and Arbitration Chamber housed on Consob with the aim of making it an instrument really closer to the needs of investors in a more comprehensive perspective of improvement financial education that is also able to provide reports on existing fundamental rights of savers also with a view to encouraging access to domestic financial market. The current ADR system is a facilitative type and it is based on voluntary participation, that has revealed a lack of adherence to procedures, highlighting a weakness of the Chamber housed on Consob if compared with the similar ADR system provider by ABI with Banking and Financial Arbitrator, in the more general system of mandatory mediation in banking and financial disputes. The recent Legislative Decree 130/2015 introduced an amendment to the Legislative Decree 179/2009, that established the Chamber housed on Consob, which requires, under penalty of sanctions, to persons against whom the Consob exercises its supervisory activities, the adherence to ADR systems regarding the disputes with consumers. |
