[PDF] Collective Actions In Europe eBook

Author : Csongor István Nagy
Publisher : Springer Nature
Page : 122 pages
File Size : 50,99 MB
Release : 2019-08-19
Category : Law
ISBN : 3030242226

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This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Author : Alan Uzelac
Publisher : Springer Nature
Page : 400 pages
File Size : 18,3 MB
Release : 2021-06-23
Category : Law
ISBN : 3030730360

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Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Author : Csongor István Nagy
Publisher : Springer
Page : 122 pages
File Size : 12,15 MB
Release : 2019-08-29
Category : Law
ISBN : 9783030242213

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This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Author : Csongor István Nagy
Publisher :
Page : 130 pages
File Size : 32,58 MB
Release : 2020-10-08
Category : Law
ISBN : 9781013272684

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This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system. This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Author : Astrid Stadler
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 23,21 MB
Release : 2020-11-27
Category : Law
ISBN : 1789906059

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Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.

Author : Daniela Bernaschi
Publisher : Springer Nature
Page : 99 pages
File Size : 12,37 MB
Release : 2020-08-31
Category : Social Science
ISBN : 3658313757

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This book analyzes the issue of food insecurity in Europe. It highlights the role played by cities in promoting resilient, solidarity-based and food and nutritionally safe communities. The focus will be on three different local initiatives in Rome, Barcelona and Athens and on the relations between civil society and local public institutions in order to tackle with the food insecurity challenges. The research is aimed at understanding the paradox of food insecurity in wealthy societies. The focus will be on three European countries: Italy, Spain and Greece. An in-depth analysis on collective actions of solidarity to tackle food insecurity, will assess whether the initiatives are capabilities-oriented or merely compensating for shortcomings. Moreover, the contributions to the definition of a new food policy “by” and “for” the cities will be highlighted.

Author : Mark Aspinwall
Publisher : Routledge
Page : 264 pages
File Size : 41,69 MB
Release : 2013-09-13
Category : Political Science
ISBN : 113621402X

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Collective Action in the European Union addresses fundamental questions surrounding the European political economy. The impressive array of contributors ask how and why collective action is formed at the European level. They also consider whether collective action at the transnational level is driven by rational, utility maximising behaviour, or whether explanations couched in social terms are more convincing. Many of the chapters introduce fresh empirical studies, in the domains of business, the professions, consumers and environmental interests.

Author : Christopher Hodges
Publisher : Hart Publishing
Page : 324 pages
File Size : 40,2 MB
Release : 2008-09-30
Category : Law
ISBN : 9781841139029

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This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin.

Author : Octavian Esanu
Publisher : Central European University Press
Page : 378 pages
File Size : 13,25 MB
Release : 2013-01-01
Category : Art
ISBN : 6155225117

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"With an abridged translation of the Dictionary of Moscow Conceptualism."

Author : Eva Lein
Publisher : British Institute for International & Comparative Law
Page : 570 pages
File Size : 23,32 MB
Release : 2015-03-01
Category : Law
ISBN : 9781905221561

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The European Commission's Recommendation on Collective Redress (2013/396/EU) establishes a framework to ensure a coherent horizontal approach to collective litigation in the EU context without harmonizing national systems. The Commission clearly aims at distinguishing collective redress in Europe from the North American class action approach. This book explores the need for mass litigation mechanisms in Europe from a series of interdisciplinary perspectives (law and economics, behavioral sciences, and sociological/judicial perspectives). It also analyzes the current collective redress landscape in Europe in light of the Commission Recommendation. This includes: an assessment of national collective redress mechanisms * views from oversees on the present and future of collective litigation in Europe * commentary on various specific areas of collective redress (competition law, product liability, and consumer protection) * the options for and relevance of collective ADR mechanisms. The book is a useful tool for practitioners and academics with an interest in collective redress in Europe and overseas. [Subject: European Law, Consumer Law, Law and Economics, Collective Redress, Class Action, Competition Law, Alternative Dispute Resolution]