European Consumer Access to Justice Revisited

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Publisher :
ISBN 13 : 9781316204504
Total Pages : pages
Book Rating : 4.2/5 (45 download)

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Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka

Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU - 'access to justice 2.0'"--

European Consumer Access to Justice Revisited

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Publisher : Cambridge University Press
ISBN 13 : 1107072379
Total Pages : 419 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka

Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2014-11-20 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

Access to Justice for Vulnerable and Energy-Poor Consumers

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Publisher : Bloomsbury Publishing
ISBN 13 : 150993944X
Total Pages : 384 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Access to Justice for Vulnerable and Energy-Poor Consumers by : Naomi Creutzfeldt

Download or read book Access to Justice for Vulnerable and Energy-Poor Consumers written by Naomi Creutzfeldt and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

Civil Rights and EU Citizenship

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788113446
Total Pages : pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Civil Rights and EU Citizenship by : Sybe de Vries

Download or read book Civil Rights and EU Citizenship written by Sybe de Vries and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike.

Access to Justice, Digitalization and Vulnerability

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Publisher : Policy Press
ISBN 13 : 1529229529
Total Pages : 238 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Access to Justice, Digitalization and Vulnerability by : Naomi Creutzfeldt

Download or read book Access to Justice, Digitalization and Vulnerability written by Naomi Creutzfeldt and published by Policy Press. This book was released on 2024-02-29 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by key names in the field, this book explores the impact of digitization and COVID-19 on justice in housing and special needs education. It analyses access to justice, offers recommendations for improvement and provides valuable insights into administrative justice from user perspectives.

The Practice of Judicial Interaction in the Field of Fundamental Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800371225
Total Pages : 448 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis The Practice of Judicial Interaction in the Field of Fundamental Rights by : Casarosa, Federica

Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.

Standing to Enforce European Union Law before National Courts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509937153
Total Pages : 336 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Standing to Enforce European Union Law before National Courts by : Hilde K Ellingsen

Download or read book Standing to Enforce European Union Law before National Courts written by Hilde K Ellingsen and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

The Shifting Meaning of Legal Certainty in Comparative and Transnational Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509911278
Total Pages : 450 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Shifting Meaning of Legal Certainty in Comparative and Transnational Law by : Mark Fenwick

Download or read book The Shifting Meaning of Legal Certainty in Comparative and Transnational Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

Rethinking EU Consumer Law

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Publisher : Routledge
ISBN 13 : 135167532X
Total Pages : 350 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Rethinking EU Consumer Law by : Geraint Howells

Download or read book Rethinking EU Consumer Law written by Geraint Howells and published by Routledge. This book was released on 2017-07-28 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.

Jurisdiction and Cross-Border Collective Redress

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509930302
Total Pages : 286 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato

Download or read book Jurisdiction and Cross-Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

Smart Contracts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509937048
Total Pages : 271 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Smart Contracts by : Marcelo Corrales Compagnucci

Download or read book Smart Contracts written by Marcelo Corrales Compagnucci and published by Bloomsbury Publishing. This book was released on 2021-05-06 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

Legal Certainty in a Contemporary Context

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Publisher : Springer
ISBN 13 : 9811001146
Total Pages : 194 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Legal Certainty in a Contemporary Context by : Mark Fenwick

Download or read book Legal Certainty in a Contemporary Context written by Mark Fenwick and published by Springer. This book was released on 2016-04-02 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.

Electronic Consumer Contracts in the Conflict of Laws

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782259295
Total Pages : 432 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Electronic Consumer Contracts in the Conflict of Laws by : Zheng Sophia Tang

Download or read book Electronic Consumer Contracts in the Conflict of Laws written by Zheng Sophia Tang and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

Delivering Justice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509961569
Total Pages : 341 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Delivering Justice by : Xandra Kramer

Download or read book Delivering Justice written by Xandra Kramer and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges' multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.

International Business Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509918078
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Business Law by : Mark Fenwick

Download or read book International Business Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2018-07-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce. This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.

Ombudsmen and ADR

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Publisher : Springer
ISBN 13 : 3319788078
Total Pages : 192 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Ombudsmen and ADR by : Naomi Creutzfeldt

Download or read book Ombudsmen and ADR written by Naomi Creutzfeldt and published by Springer. This book was released on 2018-05-02 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ordinary people experience and make sense of the informal justice system? Drawing on original data with British and German users of Ombudsmen— an important institution of informal justice, Naomi Creutzfeldt offers a nuanced comparative answer to this question. In so doing, she takes current debates on procedural justice and legal consciousness forward. This book explores consciousness around ‘alternatives’ to formal legality and asks how situated assumptions about law and fairness guide people's understandings of the informal justice system. Creutzfeldt shows that the everyday relationship that people have with the informal justice system is shaped by their experiences and expectations of the formal legal system and its agents. This book is an innovative theoretical and empirical statement about the future prospects for informal justice in Europe.

Third Party Funding for Dispute Resolution

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Publisher : Springer Nature
ISBN 13 : 9811610959
Total Pages : 232 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Third Party Funding for Dispute Resolution by : Beibei Zhang

Download or read book Third Party Funding for Dispute Resolution written by Beibei Zhang and published by Springer Nature. This book was released on 2021-03-25 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.