Multi Party Redress Mechanisms In Europe
DOWNLOAD
Download Multi Party Redress Mechanisms In Europe PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Multi Party Redress Mechanisms In Europe book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Multi Party Redress Mechanisms In Europe
DOWNLOAD
Author : Viktória Harsági
language : en
Publisher:
Release Date : 2014
Multi Party Redress Mechanisms In Europe written by Viktória Harsági and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Class actions (Civil procedure) categories.
"This volume is the result of the conference 'Public Interest Litigation & Group Litigation: Comparative Perspectives' hosted by the Law Faculty of Paazmaany Paeter Catholic University in Budapest on 7-8 November 2013."--page xvii.
Collective Redress And Private International Law In The Eu
DOWNLOAD
Author : Thijs Bosters
language : en
Publisher: Springer
Release Date : 2017-07-06
Collective Redress And Private International Law In The Eu written by Thijs Bosters and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with Law categories.
This book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade and financial transactions, the number of cross-border mass disputes has increased.In the EU, several prototypes of collective redress mechanism exist that can be used toresolve mass disputes and, aside from the EU’s recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.
A Comparative Examination Of Multi Party Actions
DOWNLOAD
Author : Joanne Blennerhassett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-10-20
A Comparative Examination Of Multi Party Actions written by Joanne Blennerhassett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.
Jurisdiction And Cross Border Collective Redress
DOWNLOAD
Author : Alexia Pato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-11
Jurisdiction And Cross Border Collective Redress written by Alexia Pato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Law categories.
Based on author's thesis (doctoral - Universidad Autâonoma de Madrid, Facultad de Derecho, 2017) issued under title: Cross-border collective redress in the European union and private international law rules on jurisdiction.
Overview Of Existing Collective Redress Schemes In Eu Member States
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2011
Overview Of Existing Collective Redress Schemes In Eu Member States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The briefing paper presents rationale and relevance of collective redress schemes with recent developments in this area at the EU level; an overview of collective redress schemes existing in EU Member States; a summary of similarities and differences between collective redress schemes in Member States; and finally some considerations on cross-border use of collective redress mechanisms in Europe. The paper identifies significant differences in approach of Member States towards collective redress with important consequences for equal access of European consumers to justice and cross-border use of collective redress.
Delivering Collective Redress
DOWNLOAD
Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-05-03
Delivering Collective Redress written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-03 with Law categories.
This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.
A Comparative Examination Of Multi Party Actions
DOWNLOAD
Author : Joanne Blennerhassett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-10-20
A Comparative Examination Of Multi Party Actions written by Joanne Blennerhassett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm.
Collective Actions In Europe
DOWNLOAD
Author : Csongor István Nagy
language : en
Publisher: Springer Nature
Release Date : 2019-08-19
Collective Actions In Europe written by Csongor István Nagy and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-19 with Law categories.
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.
Jurisdiction And Cross Border Collective Redress
DOWNLOAD
Author : Alexia Pato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-11
Jurisdiction And Cross Border Collective Redress written by Alexia Pato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Law categories.
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Class Actions In Europe
DOWNLOAD
Author : Alan Uzelac
language : en
Publisher: Springer Nature
Release Date : 2021-06-23
Class Actions In Europe written by Alan Uzelac and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-23 with Law categories.
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.
