Collective Actions in Europe [electronic resource] : A Comparative, Economic and Transsystemic Analysis / by Csongor István Nagy.

By: Nagy, Csongor István [author.]
Contributor(s): SpringerLink (Online service)
Material type: TextTextSeries: SpringerBriefs in Law: Publisher: Cham : Springer International Publishing : Imprint: Springer, 2019Edition: 1st ed. 2019Description: IX, 122 p. online resourceContent type: text Media type: computer Carrier type: online resourceISBN: 9783030242220Subject(s): Law—Europe | Private international law | Conflict of laws | Administrative law | European Law | Private International Law, International & Foreign Law, Comparative Law | Administrative LawAdditional physical formats: Printed edition:: No title; Printed edition:: No titleDDC classification: 341.2422 LOC classification: KJE901-9796Online resources: Click here to access online
Contents:
Introduction -- Why are collective actions needed in Europe: Small claims are not reasonably enforced in practice and collective actions ensure effective access to justice -- Major European objections and fears against the opt-out system: Superego, ego and ID -- Transatlantic perspectives: Comparative law framing -- European models of collective actions -- Conclusions.
In: Springer Nature Open Access eBookSummary: 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.
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Introduction -- Why are collective actions needed in Europe: Small claims are not reasonably enforced in practice and collective actions ensure effective access to justice -- Major European objections and fears against the opt-out system: Superego, ego and ID -- Transatlantic perspectives: Comparative law framing -- European models of collective actions -- Conclusions.

Open Access

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.

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