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Collective Rights in Europe: A Comparative Study of Safeguards and Barriers

Coming Soon Collective Rights in Europe: A Comparative Study of Safeguards and Barriers

Collective Rights in Europe: A Comparative Study of Safeguards and Barriers

Author: Rebecca Money
Publisher: Hart Publishing
ISBN: 9781849463690
Published In: May 2029
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This is a wide ranging study of collective redress. The procedural rules applicable to collective redress ought to filter out cases which do not fulfil certain criteria determined in accordance with the assumed or explicit aims of the mechanisms. Those rules may be regarded as 'safeguards' against abusive litigation or barriers to access to justice. Typical examples include rules restricting rights qualifying for collective redress, admissibility controls, restrictions on legal standing and representation, and controls on funding and costs.

Whether such rules act as justifiable 'safeguards' or 'barriers' depends on the conceptual model and policy aims adopted in each jurisdiction. Thus, this work has two aims. Firstly, it examines different conceptual models of collective redress. Secondly it undertakes a detailed comparative review of examples of those models to ascertain which types of safeguards or barriers are incorporated in order to maximise the effectiveness and policy aims. Jurisdictions studied stretch from Latin America, the USA and Europe, to Asia and Africa. Besides examining generic collective redress mechanisms, the study takes into account 'regulatory' enforcement models such as sector-specific collective procedures in consumer protection, financial services and securities law, environmental protection, employment law and fundamental rights.

1. INTRODUCTION

2. THEORIES AND CONCEPTS

3. PUBLIC INTEREST COLLECTIVE REDRESS

4. COLLECTIVE REDRESS IN TRANSITIONAL STATES

5. CLASS ACTIONS AS PRIVATE REGULATION

6. COLLECTIVE REDRESS AND MARKET REGULATION IN THE EUROPEAN UNION: HARMONY OR DISSONANCE?

7. PUBLIC, PRIVATE AND REGULATORY COLLECTIVE REDRESS: THE UK EXAMPLE

8. CLASS ACTIONS IN EUROPEAN CIVIL CODE STATES

9. NON-JUDICIAL AND ALTERNATIVE MODELS OF COLLECTIVE REDRESS

10. SUMMARY AND CONCLUSIONS