Cantitate/Preț
Produs

The Reform of Class and Representative Actions in European Legal Systems: A New Framework for Collective Redress in Europe: Studies of the Oxford Institute of European and Comparative Law

Autor Professor Christopher Hodges
en Limba Engleză Hardback – 6 oct 2008
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.This title is included in Bloomsbury Professional's International Arbitration online service.
Citește tot Restrânge

Din seria Studies of the Oxford Institute of European and Comparative Law

Preț: 57206 lei

Preț vechi: 78053 lei
-27% Nou

Puncte Express: 858

Preț estimativ în valută:
10946 11460$ 9057£

Carte tipărită la comandă

Livrare economică 05-19 aprilie

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781841139029
ISBN-10: 1841139025
Pagini: 324
Ilustrații: 1
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.68 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies of the Oxford Institute of European and Comparative Law

Locul publicării:London, United Kingdom

Notă biografică

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

Cuprins

1.Introduction 2.Consumer Collective Redress Mechanisms Initial Consumerist ModelsFranceDifferentiation between Public and Private Models in National EnforcementModel A: Primacy of Public BodiesThe UK UK Consumer Protection LawCompensation OrdersUK Competition LawThe Nordic ModelNordic Compensation Schemes: Medical and Drug Injuries and Road Traffic AccidentsThe NetherlandsModel B: Emphasis on Private Sector BodiesPortugalSpainThe CEE SituationIssues with the Involvement of Civil Society OrganisationsExperimentation and ReformConclusions3.Court Rules for Multiple ClaimsIntroductionThe English GLOExperience with English Group ActionsIrelandSwedenThe NetherlandsGermanyItalyPossible Introduction of Procedures in Other Member StatesFrancePolandConclusions on the Newer Damages MechanismsPrinciples: Rights versus Efficiency?CriteriaSettlementAn Issue of Evolution4.Collective Redress at European Level: Existing MechanismsThe EU Legislative BackgroundLegal CompetenceEU Policy on Civil Justice SystemsAlternative Dispute ResolutionEvolution of Consumer Collective RedressMisleading AdvertisingUnfair Terms in Consumer ContractsThe 'Injunctions Directive'The Consumer Protection Cooperation RegulationThe Unfair Commercial Practices DirectiveOther EU Collective MechanismsIntellectual Property EnforcementLate PaymentsePrivacy DirectiveEnvironmental ProtectionCompensation for Crime VictimsConclusions5.Technical IssuesSimilarity or Difference?Opt-in and Opt-out: Binding Solutions, Avoiding Abuse and Delivering JusticeBinding Effect and InclusivityFundamental RightsFunding and Cost ConsiderationsDiscussionConclusions6.The Problems that Need to be AvoidedUndesirable ConsequencesThe Australian Tort CrisisThe England and Wales Product Liability CasesConclusion: Abuse Could Happen AnywhereIssues for Europe7.Towards a European Collective Approach to DamagesThe Developing DebateConsumer ProtectionEvidence of Need in Consumer Protection: a Compensation or Market Rectification Issue?Competition Damages and EnforcementThe 2008 Competition Damages White PaperEvidence of Need: a Competition Deficit?The Challenges at EU Level: Different National ModelsThe Policy Options for EuropeConclusion: Summary of the Issues8.The Policy Rationales for and Goals of Collective RedressAccess to JusticeEnhancing the EconomyRegulation Through LitigationDeterrence and Behaviour ModificationRegulatory and Enforcement TheoryPenalties and Sanctions Theory: Restorative JusticePractical ExamplesConclusions9. Evaluating the OptionsEstablishing Criteria1. The Private Litigation Model2. A Public Body Approach3. The Voluntary and ADR Approach4. The NGO ApproachEvaluating the Options-and a Holistic Approach10.Summarising the Findings and Challenges for EuropeConsumer ProtectionCompetition LawConflicting Models of Influencing BehaviourPolicy ObjectivesRedress and Justice

Recenzii

...this is a great book, carefully researched and well written. It deserves to be read from all those interested and working in the field of collective redress, politicians, lawyers and academics, from the first till the last page. [Christopher Hodges] provides for new insights and the rich material on which the proposal is based, comprehensive empirical evidence and intensive reference of the European and US scholarly work, invites all those who have a clear cut answer to the burning issue of 'private collective litigation' in mind to reconsider his or her position. The most inspiring and thought provoking book invites to push the debate even further and to raise questions that need to be investigated.
The books wide analysis goes beyond the narrow limits as to whether opt-in or opt out is the right approach in mass civil actions...the author goes beyond analysing symptoms of the problem to the deeper analysis of what the best approach to achieving justice should be...To fail to protect collective victims is not an option. The need is for practical solutions working together: this book is an significant start to that debate.
...the material tracing the development of remedies across Europe is comprehensive and very useful for comparative purposes...The value of this book is that it sets out to test the utility rather than the structure of available solutions and accordingly makes a valuable contribution to the debate set in motion..by the Commission.
All in all, this information-packed and stimulating work from an acknowledged expert in the field constitutes a major contribution to current debates
With his factual approach, Christopher Hodges goes beyond an over-idealized debate on collective redress mechanisms. This book is essential reading for anyone dealing with this issue, and wishing to get a deeper insight into the topic.

Descriere

This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe.