Civil Justice Systems: Collective Actions : A Comparative Study download ebook DJV, DOC
9781849463690 1849463697 The procedural rules applicable to collective redress ought to filter out cases which do not fulfill certain criteria determined in accordance with the assumed or explicit aims of the mechanisms. These 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 wide-ranging study of collective redress has two aims. The book first examines different conceptual models of collective redress, and then it undertakes a detailed comparative review of examples of those models to ascertain which types of safeguards or barriers are incorporated in order to maximize the effectiveness and policy aims. The jurisdictions studied stretch from the US, Latin America, and Europe, to Asia and Africa. Besides examining generic collective redress mechanisms, the book 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. (Series: Civil Justice Systems) [Subject: Collective Redress, Legal Procedure, Comparative Law, Socio-Legal Studies], This book examines collective rights, and collective or class action procedures, in the European Union and selected member states, including Austria, Belgium, Czech Republic, France, Germany, the Netherlands, Portugal, Spain, UK and others. Conceptually, collective rights and redistributive civil justice models conflict with principles of autonomy and fundamental individual rights in liberal legal orders. However, in interconnected modern society, breach of private rights and correlated public norms can inflict mass harm on numerous individuals and on the collective public interest. Constitutional civil, political and equality rights, minority rights, economic, social and cultural rights, and diffuse environmental rights, with individual and collective or solidarity dimensions, arise under European Union law and in various guises across national legal systems. Although EU law is a unifying trait, there is extensive diversity in the recognition and enforcement of collective or solidarity rights across member states. Breach of these rights has particular propensity to cause mass or collective harm. Enforcement can be challenging, but collective or class action procedures, whilst controversial, can facilitate access to justice. As this book reveals, despite European Union harmonization objectives, member states have hugely varying approaches to collective constitutional and private law rights and class or group action enforcement procedures. (Series: Civil Justice Systems) Subject: Collective Redress, Legal Procedure, Comparative Law, Socio-Legal Studies], 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., 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.
9781849463690 1849463697 The procedural rules applicable to collective redress ought to filter out cases which do not fulfill certain criteria determined in accordance with the assumed or explicit aims of the mechanisms. These 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 wide-ranging study of collective redress has two aims. The book first examines different conceptual models of collective redress, and then it undertakes a detailed comparative review of examples of those models to ascertain which types of safeguards or barriers are incorporated in order to maximize the effectiveness and policy aims. The jurisdictions studied stretch from the US, Latin America, and Europe, to Asia and Africa. Besides examining generic collective redress mechanisms, the book 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. (Series: Civil Justice Systems) [Subject: Collective Redress, Legal Procedure, Comparative Law, Socio-Legal Studies], This book examines collective rights, and collective or class action procedures, in the European Union and selected member states, including Austria, Belgium, Czech Republic, France, Germany, the Netherlands, Portugal, Spain, UK and others. Conceptually, collective rights and redistributive civil justice models conflict with principles of autonomy and fundamental individual rights in liberal legal orders. However, in interconnected modern society, breach of private rights and correlated public norms can inflict mass harm on numerous individuals and on the collective public interest. Constitutional civil, political and equality rights, minority rights, economic, social and cultural rights, and diffuse environmental rights, with individual and collective or solidarity dimensions, arise under European Union law and in various guises across national legal systems. Although EU law is a unifying trait, there is extensive diversity in the recognition and enforcement of collective or solidarity rights across member states. Breach of these rights has particular propensity to cause mass or collective harm. Enforcement can be challenging, but collective or class action procedures, whilst controversial, can facilitate access to justice. As this book reveals, despite European Union harmonization objectives, member states have hugely varying approaches to collective constitutional and private law rights and class or group action enforcement procedures. (Series: Civil Justice Systems) Subject: Collective Redress, Legal Procedure, Comparative Law, Socio-Legal Studies], 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., 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.