If passed, the bill is going to be the first one passed by Parliament in 2012. The draft bill was submitted to Parliament on June 3, 2008, and it was discussed by the parliamentary European Union Harmonization Committee; however, it could not make it to the agenda of the Justice Commission. Titled “Draft Bill on Mediation in Legal Disagreements,” the bill was sent to Parliament again by the government in the new legislative period. The Court of Appeals earlier rejected the bill, claiming it to be a violation of the constitution.
The system would offer the parties involved in a disagreement to meet and make peace before taking their case to court. This would serve the purpose of solving legal disputes rooted in businesses or other activities in which the parties are allowed to make free decisions. Foreign nationals will be able utilize this bill as well. With the new system, the parties can seek mediation before they file complaints for a court case or during a court case. A court is also allowed to encourage the parties to seek mediation.
A mediator who violates confidentiality or causes damage to a person would face six months to two years in prison. To be eligible to become a mediator, one has to obtain a four-year bachelor degree, complete special mediator training and pass written and applied examinations administered by the Justice Ministry.
Meanwhile, the Justice Commission is set to discuss a bill on state secrets on Jan. 11, which has remained on the sidelines of Parliament's agenda since 2005. The bill was renewed by the government in the new legislative period. The bill describes a state secret as “data and documents that should remain secret on the grounds that they could cause damage to the state's foreign affairs, national defense and security or a hazard to constitutional order and foreign affairs.”
A commission for state secrets will be established under the undersecretary of the Prime Ministry to decide which data and documents qualify as state secrets. Data and documents that are requested to be state secrets by courts may not be qualified as state secrets if this commission decides otherwise. Qualification as a state secret can be for a temporary period or for an indefinite time period. A note on each document will list the duration of the quality of state secret and it will not be longer than 75 years. Qualification as a state secret or its duration can be removed or altered by the commission. If a document is named a state secret for an open-ended period, it will keep this quality for 10 years and the document will be revised whether or not the document should remain a state secret. If a document is named as a state secret for more than 10 years, this quality of the document will be revised every five years.
