The Reform of Class and Representative Actions in European Legal Systems: A New Framework for Collective Redress in Europe - Couverture rigide

Hodges, Professor Christopher

Couverture rigide

ISBN 10 : 1841139025 ISBN 13 : 9781841139029

Editeur : Hart Publishing, 2008

Synopsis

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.This is a seminal text pointing to the future for class action in Europe. It will be of interest to politicians, the judiciary and practitioners. This is the latest title in our successful "Studies of the Oxford Institute of European and Comparative Law" series.

A propos du livre

À propos de l?auteur

Dr Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Oxford University.

Détails de l'édition

• Éditeur: Hart Publishing
• Date d'édition: 2008
• Langue: anglais
• ISBN 10: 1841139025
• ISBN 13: 9781841139029
• Reliure: Relié
• Nombre de pages: 324
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible