The Reform of Class and Representative Actions in European Legal Systems

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314651
Total Pages : 350 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Reform of Class and Representative Actions in European Legal Systems by : Christopher Hodges

Download or read book The Reform of Class and Representative Actions in European Legal Systems written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2008-10-07 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Class Actions in Europe

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Author :
Publisher : Springer Nature
ISBN 13 : 3030730360
Total Pages : 400 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Class Actions in Europe by : Alan Uzelac

Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Collective Actions in Europe

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Publisher : Springer Nature
ISBN 13 : 3030242226
Total Pages : 132 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Collective Actions in Europe by : Csongor István Nagy

Download or read book Collective Actions in Europe written by Csongor István Nagy and published by Springer Nature. This book was released on 2019-08-19 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Spécial Issue Application of Artificial Tracers in Hydrogeology

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Author :
Publisher : Peter Lang
ISBN 13 : 9783039103447
Total Pages : 112 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Spécial Issue Application of Artificial Tracers in Hydrogeology by : Bernhard Schudel

Download or read book Spécial Issue Application of Artificial Tracers in Hydrogeology written by Bernhard Schudel and published by Peter Lang. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Unified Patent Protection in Europe

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Publisher : Oxford University Press
ISBN 13 : 0191071927
Total Pages : 3041 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Unified Patent Protection in Europe by : Winfried Tilmann

Download or read book Unified Patent Protection in Europe written by Winfried Tilmann and published by Oxford University Press. This book was released on 2018-07-04 with total page 3041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

The Law and Economics of Class Actions in Europe

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781001243
Total Pages : 401 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis The Law and Economics of Class Actions in Europe by : Jürgen G. Backhaus

Download or read book The Law and Economics of Class Actions in Europe written by Jürgen G. Backhaus and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.' – Jennifer Arlen, New York University, School of Law, US 'The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.' – Theodore Eisenberg, Cornell University, US This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policymakers, judges and attorneys.

The Contradictions of Austerity

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Author :
Publisher : Routledge
ISBN 13 : 131780015X
Total Pages : 203 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis The Contradictions of Austerity by : Jeffrey Sommers

Download or read book The Contradictions of Austerity written by Jeffrey Sommers and published by Routledge. This book was released on 2014-04-24 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The great financial crisis of 2008 and the ensuing global economic and financial turmoil have launched a search for "models" for recovery. The advocates of austerity present the Baltic States as countries that through discipline and sacrifice showed the way out of crisis. They have proposed the "Baltic model" of radical public sector cuts, wage reductions, labor market reforms and reductions in living standards for other troubled Eurozone countries to emulate. Yet, the reality of the Baltic "austerity fix" has been neither fully accepted by its peoples, nor is it fully a success. This book explains why and what are the real social and economic costs of the Baltic austerity model. We examine each of the Baltic States by connecting national level studies within a European and global political economy, thereby delivering comparative breadth that supersedes localized understandings of the crisis. Thus for each of the three Baltic states, individual chapters explore the different economic and social dimensions of neo-liberal post-communism and the subsequent wider global economic and financial crisis in which these newly financialized economies have found themselves especially vulnerable. The "austerity model" adopted by Baltic national governments in response to the crisis reveals the profound vulnerabilities created by their unwavering commitment to liberalized economies, not least in terms of the significant "exit" of their labor forces and consequent population loss. This book looks beyond basic financial metrics claiming a success story for the Baltic austerity model to reveal the damaging economic and social consequences, first of neo-liberal policies adopted during transition, and latterly of austerity measures based on "internal devaluation." Combined these policies undermine the possibility of longer-term recovery and even social and economic sustainability, not to mention prospects for successful integration in the now-faltering European project that has departed from its "Social Model" roots.

The Costs of Conflict

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Publisher : Rowman & Littlefield
ISBN 13 : 9780847688944
Total Pages : 308 pages
Book Rating : 4.6/5 (889 download)

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Book Synopsis The Costs of Conflict by : Michael Edward Brown

Download or read book The Costs of Conflict written by Michael Edward Brown and published by Rowman & Littlefield. This book was released on 1999 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it comes to conflict resolution, is an ounce of prevention worth a pound of cure? Scholars present an analytical and methodological framework for evaluating this question with case studies from various countries to test this assertion.

Integration of Cultural Considerations in European Union Law and Policies

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004162399
Total Pages : 421 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Integration of Cultural Considerations in European Union Law and Policies by : Evangelia Psychogiopoulou

Download or read book Integration of Cultural Considerations in European Union Law and Policies written by Evangelia Psychogiopoulou and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a series of EC policy areas that possess a cultural component, this book offers an encompassing and in-depth analysis of the integration of cultural considerations in EC law and action, assessing the impact of Article 151(4) EC in the process.

The Origins of Energy and Environmental Policy in Europe

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Publisher : Routledge
ISBN 13 : 0415630037
Total Pages : 306 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis The Origins of Energy and Environmental Policy in Europe by : Thomas C. Hoerber

Download or read book The Origins of Energy and Environmental Policy in Europe written by Thomas C. Hoerber and published by Routledge. This book was released on 2013 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development of a European environmental conscience through successive steps of European integration in energy policy. In the 1960s-70s, the world was slowly beginning to realise that environment degradation was not sustainable. With phenomena such as acid rain, it became clear that pollution did not stop at national boundaries and the European environmental conscience developed in parallel to such growing environmental concerns. The oil crisis in 1973 was a turning point in the integration process for both energy policy and environment policy, and while further integration towards the European energy policy failed; the environmental policies took shape in measures such as energy saving. The Commission incorporated both energy and environmental policies into the EU policy canon and built an institutional framework, responding to the insufficiency of national policy answers and the developing environmental conscience of the European people. This book will be of interest to students and scholars of European Integration, European Union politics and history and environmental politics and policy.

Cost Estimation of Municipal Services in South East Europe

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Publisher : NALAS
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4./5 ( download)

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Book Synopsis Cost Estimation of Municipal Services in South East Europe by : Network of Associations of Local Authorities of South-East Europe

Download or read book Cost Estimation of Municipal Services in South East Europe written by Network of Associations of Local Authorities of South-East Europe and published by NALAS. This book was released on with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resource Management in Satellite Networks

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Publisher : Springer Science & Business Media
ISBN 13 : 0387539913
Total Pages : 347 pages
Book Rating : 4.3/5 (875 download)

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Book Synopsis Resource Management in Satellite Networks by : Giovanni Giambene

Download or read book Resource Management in Satellite Networks written by Giovanni Giambene and published by Springer Science & Business Media. This book was released on 2007-04-20 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides significant knowledge on innovative radio resource management schemes for satellite communication systems that exploit lower layer adaptivity and the knowledge of layer 3 IP QoS support and transport layer behavior. The book integrates competencies considering all the parts of system design: propagation aspects, radio resource management, access protocols, network protocols, transport layer protocols, and more, to cover both broadband and mobile satellite systems.

Collective and Mass Litigation in Europe

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789906059
Total Pages : 400 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Collective and Mass Litigation in Europe by : Astrid Stadler

Download or read book Collective and Mass Litigation in Europe written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.

World Class Actions

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Publisher : Oxford University Press, USA
ISBN 13 : 0199730245
Total Pages : 854 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis World Class Actions by : Paul G. Karlsgodt

Download or read book World Class Actions written by Paul G. Karlsgodt and published by Oxford University Press, USA. This book was released on 2012-09-13 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.

Enhancing the Rule of Law in the European Union’s External Action

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035312328
Total Pages : 373 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Enhancing the Rule of Law in the European Union’s External Action by : Luis M. Hinojosa-Martínez

Download or read book Enhancing the Rule of Law in the European Union’s External Action written by Luis M. Hinojosa-Martínez and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book scrutinises the mechanisms for guaranteeing respect for the rule of law in the European legal system. Focusing on external relations, it assesses the capacity of the EU to disseminate these values as a global actor and offers novel suggestions for how this capacity could be exercised more effectively.

The Constitutional Foundations of European Contract Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199698309
Total Pages : 561 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Constitutional Foundations of European Contract Law by : Kathleen Gutman

Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by Oxford University Press, USA. This book was released on 2014-03 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.

Corporate Governance and Statutory Derivative Actions

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Publisher : Taylor & Francis
ISBN 13 : 1000958558
Total Pages : 240 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Corporate Governance and Statutory Derivative Actions by : Lang Thai

Download or read book Corporate Governance and Statutory Derivative Actions written by Lang Thai and published by Taylor & Francis. This book was released on 2023-09-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model.