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Collective Actions In Europe
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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.
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.
Book Synopsis Collective Action in the European Union by : Justin Greenwood
Download or read book Collective Action in the European Union written by Justin Greenwood and published by Psychology Press. This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on fresh empirical study, this book addresses fundamental questions surrounding the European political economy. An impressive array of contributors confront the issue of collective action at national and transnational levels.
Book Synopsis Collective Actions of Solidarity against Food Insecurity by : Daniela Bernaschi
Download or read book Collective Actions of Solidarity against Food Insecurity written by Daniela Bernaschi and published by Springer Nature. This book was released on 2020-08-31 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the issue of food insecurity in Europe. It highlights the role played by cities in promoting resilient, solidarity-based and food and nutritionally safe communities. The focus will be on three different local initiatives in Rome, Barcelona and Athens and on the relations between civil society and local public institutions in order to tackle with the food insecurity challenges. The research is aimed at understanding the paradox of food insecurity in wealthy societies. The focus will be on three European countries: Italy, Spain and Greece. An in-depth analysis on collective actions of solidarity to tackle food insecurity, will assess whether the initiatives are capabilities-oriented or merely compensating for shortcomings. Moreover, the contributions to the definition of a new food policy “by” and “for” the cities will be highlighted.
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 Hart Publishing. This book was released on 2008-09-30 with total page 324 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.
Book Synopsis Transition in Post-Soviet Art by : Octavian Esanu
Download or read book Transition in Post-Soviet Art written by Octavian Esanu and published by Central European University Press. This book was released on 2013-01-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With an abridged translation of the Dictionary of Moscow Conceptualism."
Book Synopsis Before the Unions by : Catharina Lis
Download or read book Before the Unions written by Catharina Lis and published by Cambridge University Press. This book was released on 1994 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines a wide variety of collective and organized labour movements in what is arguably a distinct period in labour history. The approach is a comparative one, looking particularly at the United Kingdom, Germany, France and the Low Countries, but also at Western Europe in general.
Book Synopsis Private Enforcement of European Competition and State Aid Law by : Ferdinand Wollenschläger
Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
Book Synopsis Competition Law, Comparative Private Enforcement and Collective Redress Across the EU by : Barry J. Rodger
Download or read book Competition Law, Comparative Private Enforcement and Collective Redress Across the EU written by Barry J. Rodger and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement Context and Project Background /Barry Rodger --Institutions and Mechanisms to Facilitate Private Enforcement /Barry Rodger --The Empirical Data Part 1: Methodology, Case Law, Courts and Processes /Barry Rodger --The Empirical Data Part 2: Provisions Relied Upon, Remedies and Success /Barry Rodger --Collective Redress Mechanisms and Consumer Case Law /Barry Rodger --Comparing Economic Incentives across EU Member States /Morten Hviid & John Peysner --A View from across the Atlantic: Recent Developments in the Case Law of the US Federal Courts on Class Certification in Antitrust Cases /Arianna Andreangeli --Fast, Effective and Low Cost Redress: How Do Public and Private Enforcement and ADR Compare? /Christopher Hodge --Concluding Remarks /Barry Rodger.
Author :Eva Lein Publisher :British Institute for International & Comparative Law ISBN 13 :9781905221561 Total Pages :570 pages Book Rating :4.2/5 (215 download)
Book Synopsis Collective Redress in Europe - Why and How? by : Eva Lein
Download or read book Collective Redress in Europe - Why and How? written by Eva Lein and published by British Institute for International & Comparative Law. This book was released on 2015-03-01 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission's Recommendation on Collective Redress (2013/396/EU) establishes a framework to ensure a coherent horizontal approach to collective litigation in the EU context without harmonizing national systems. The Commission clearly aims at distinguishing collective redress in Europe from the North American class action approach. This book explores the need for mass litigation mechanisms in Europe from a series of interdisciplinary perspectives (law and economics, behavioral sciences, and sociological/judicial perspectives). It also analyzes the current collective redress landscape in Europe in light of the Commission Recommendation. This includes: an assessment of national collective redress mechanisms * views from oversees on the present and future of collective litigation in Europe * commentary on various specific areas of collective redress (competition law, product liability, and consumer protection) * the options for and relevance of collective ADR mechanisms. The book is a useful tool for practitioners and academics with an interest in collective redress in Europe and overseas. [Subject: European Law, Consumer Law, Law and Economics, Collective Redress, Class Action, Competition Law, Alternative Dispute Resolution]
Book Synopsis Collective Action and Football Fandom by : Jamie Cleland
Download or read book Collective Action and Football Fandom written by Jamie Cleland and published by Springer. This book was released on 2018-02-21 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws upon a relational sociological paradigm to explore the processes of collective action in football fandom across Europe and the UK. Through a range of case studies, the authors address pertinent themes in football fandom, including anti-discrimination, ‘home,’ ticketing, name changes, ‘ownership,’ and broader leftist politics. Each of these case studies engages with the theoretical framework of cultural relational sociology, highlighting the different social and cultural changes English and European football has undergone, often over a very short period of time.
Book Synopsis Collective Action and Political Transformations by : Aurea Mota
Download or read book Collective Action and Political Transformations written by Aurea Mota and published by Edinburgh University Press. This book was released on 2019-04-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book acknowledges the severe problems with effective and significant collective action, but arrives at a more optimistic diagnosis of our time by rethinking the political from the angle of the experiences with progressive and conservative collective action in different parts of the globe: Brazil, South Africa and Europe. By doing so, it contributes a critical perspective to the debate about the possible impact of parts of the Global South for positive social and political developments worldwide.
Book Synopsis Collective Actions by : Stefan Wrbka
Download or read book Collective Actions written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2012-04-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.
Book Synopsis Challenging Codes by : Alberto Melucci
Download or read book Challenging Codes written by Alberto Melucci and published by Cambridge University Press. This book was released on 1996-09-12 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Challenging Codes Melucci brings an original perspective to research on collective action which both emphasizes the role of culture and makes telling connections with the experience of the individual in postmodern society. The focus is on the role of information in an age which knows both fragmentation and globalisation, building on the analysis of collective action familiar from the author's Nomads of the Present. Melucci addresses a wide range of contemporary issues, including political conflict and change, feminism, ecology, identity politics, power and inequality.
Book Synopsis Repertoires and Cycles of Collective Action by : Mark Traugott
Download or read book Repertoires and Cycles of Collective Action written by Mark Traugott and published by Duke University Press. This book was released on 1995 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern era has generated a bewildering profusion of popular protest including widespread social movements and sporadic revolutionary upheaval. Despite the seemingly chaotic character of such collective action, social scientists have increasingly noted the remarkable regularities exhibited by even the most tumultuous social change. In this volume, sociologists, political scientists, and historians come together to assess the complementary concepts of repertoires and cycles as tools for illuminating the consistent patterns that emerge from the apparent chaos. The significance of repertoires--recurrent forms or tactics of social protest-- is explored in an essay on eighteenth- and nineteenth-century Britain by the originator of the concept, Charles Tilly. Sidney Tarrow, whose work has most directly linked the concept of repertoires with that of cycles--the recurrent peaks and troughs in the historical incidence of collective action--contributes an essay that focuses on twentieth-century Italy. Other essays investigate the rhythms and logic of social change in contexts as diverse as sixteenth- through nineteenth-century Japan, nineteeth-century Europe, and twentieth-century America. Through inquiries into the consequences of violent repression for social mobilization, the struggle to control the linguistic terms of social conflict, the unacknowledged antecedents of contemporary movements, and the importance of "movement families," this volume demonstrates the usefulness of these two concepts and defines the relationship between them. Collected from past issues of Social Science History, with a new introduction and two new essays, Repertoires and Cycles of Collective Action will reward an interdisciplinary audience of readers with the extraordinary vitality that emerges from this rich blend of historical perspectives. Contributors. Charles Brockett, Craig Calhoun, Doug McAdam, Marc Steinberg, Sidney Tarrow, Charles Tilly, Mark Traugott, James White
Book Synopsis Collective Identities and Post-War Violence in Europe, 1944–48 by : Ota Konrád
Download or read book Collective Identities and Post-War Violence in Europe, 1944–48 written by Ota Konrád and published by Springer Nature. This book was released on 2021-11-27 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the process of ‘reshaping’ liberated societies in post-1945 Europe. Post-war societies tried to solve three main questions immediately after the dark times of occupation: Who could be considered a patriot and a valuable member of the respective national community? How could relations between men and women be (re-)established? How could the respective society strengthen national cohesion? Violence in rather different forms appeared to be a powerful tool for such a complex reshaping of societies. The chapters are based on present primary research about specific cases and consider the different political, mental, and cultural developments in various nation-states between 1944 and 1948. Examples from Italy, France, Norway, Denmark, Greece, Ukraine, Lithuania, Belarus, Czechoslovakia, and Hungary demonstrate a new comparative and fascinating picture of post-war Europe. This perspective overcomes the notorious East-West dividing line, without covering the manifold differences between individual European countries.
Book Synopsis Negotiating Solidarity by : Nedžad Meši?
Download or read book Negotiating Solidarity written by Nedžad Meši? and published by Linköping University Electronic Press. This book was released on 2017-01-25 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precarious migrant workers are today an everyday part of the Swedish labour market. They often work under conditions of vulnerability, on temporary contracts and with few rights. This dissertation examines collective actions aiming to improve the precarious conditions of three categories of workers –discriminated, seasonal and undocumented. The collective actors examined in the dissertation are composed of formal organisations such as non-governmental organisations, organisations founded on ethnic grounds and trade unions, but also more temporary groups and networks. The analysis foregrounds contemporary societal, economical and legal transfigurations that create the conditions for collaboration among the actors and the negotiations which they conduct. The dissertation contains four articles. The first article, addressing the situation of discriminated migrant workers, scrutinises the conditions for the engagement of anti-discrimination agencies. The result of the study illustrates how the actors, as a consequence of state subsidies, alter their original course of conduct by becoming market orientated,which contributes to tensions in relations with other collaborators. The second and third articles focus on the situation of Bulgarian-Roma berry pickers in the 2012 harvesting season. Thesearticles illuminate on the one hand, the driving forces to their labour migration and the challenges faced in Sweden, and on the other, the emergence of different collective actions and their significance for the workers. The fourth article centres on two trade union initiatives for the inclusion of undocumentedmigrant workers. The article analyses the challenges faced by the unions as they seek to extend solidarity to workers who are relegated to informal work. The article also elucidates that this endeavour,nonetheless, may have the potential to transform the political identity of trade unions and, by extension through collaborations with other collective actors, open the doors of solidarity for precarious EU migrants. In sum, the four articles show that there is a broad range of collective actors who are preparedto assist precarious migrant workers and to negotiate and at best improve their labour market conditions.These actors face many and difficult challenges. However, as the dissertation demonstrates, their engagement has made the reality of precarious migrant work visible to the public, legitimised the workers’ needs and enabled them to claim their rights.
