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).
Rezensionen / Stimmen
A compelling and original contribution to the socio-legal literature on access to justice ... the first such study of access to justice relating to the European energy market ... It should appeal to any scholar - experienced academic or student ... [and] of great value to those working in or on energy poverty because it makes a powerful and well-informed case for reform and ensuring that systems of ADR feel accessible to those who need them. The current energy crisis highlights the need for such reform. -- Daniel Newman, Cardiff University * Journal of Law and Society *
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Maße
Höhe: 234 mm
Breite: 154 mm
Dicke: 16 mm
Gewicht
ISBN-13
978-1-5099-5049-2 (9781509950492)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Naomi Creutzfeldt is Reader in Socio-Legal Studies at the University of Westminster, UK.
Chris Gill is Lecturer in Public Law at the University of Glasgow, UK.
Marine Cornelis is Executive Director and Founder of the policy consultancy Next Energy Consumer, Italy.
Rachel McPherson is Lecturer in Criminal Law at the University of Glasgow, UK.
Autor*in
University of Kent, UK
University of Glasgow, UK
Next Energy Consumer
University of Glasgow, UK
Introduction
I. Introduction
II. An Orientation to Key Concepts
III. Contribution to Socio-Legal Scholarship
IV. Outline of the Book's Content and Argument
V. A Note on Case Study Selection and Methodology
VI. The Structure of this Book
PART I
ACCESS TO JUSTICE FOR VULNERABLE AND ENERGY-POOR CONSUMERS
1. The Access to Justice Challenge
I. Introduction
II. The Scale and Nature of the Access to Justice Challenge
III. Understanding the Barriers to Access to Justice
IV. Particular Barriers Facing Energy Consumers
V. Consumer Vulnerability and Energy Poverty as Barriers to Accessing Justice
VI. Barriers Experienced by Vulnerable and Energy-Poor Consumers: Highlights from Our Data
VII. Conclusion
2. A Holistic Vision of Access to Justice
I. Introduction
II. Access to Justice Beyond Lawyers and Courts
III. Beyond Procedural Access to Justice
IV. Reforming Access to Justice
V. Conclusion
3. European Union Law and Policy on Access to Justice
I. Introduction
II. Recognition of Vulnerability and Energy Poverty in EU Law and Policy
III. The Development of ADR for Consumer Disputes in the Energy Sector
IV. Access to Justice, Collective Redress and Consumer Protection Measures
V. Ongoing Problems for Vulnerable and Energy-Poor Consumers in the European Energy Market
VI. Conclusion
4. ADR and Access to Justice
I. Introduction
II. Initial Observations Based on the Access to Justice Literature
III. The Critical Debate on Access to Justice and ADR
IV. Specific Issues in the Consumer-Disputing Context
V. Conclusions
5. ADR and Access to Justice: Empirical Insights
I. Introduction
II. Empirical Insights
III. Discussion
IV. Conclusion
6. Everyday Experiences and the Role of Local Actors
I. Introduction
II. Legal Alienation, Relational Distance and Access to Justice
III. Vulnerable and Energy-Poor Consumers, the Energy Market and Formal Institutions: Stories of Alienation
and Disconnection
IV. Local Actors: More than Intermediaries
V. Conclusion
7. Towards a More Holistic System of Access to Justice
I. Introduction
II. Recapping the Argument of the Book
III. Dispute System Design and the Delivery of Holistic Access to Justice
IV. From Added Value to Inclusive Design: Overview of Design Options
V. Limitations and Directions for Future Research
VI. Conclusion
PART II
ACCESS TO JUSTICE, ADR AND ENERGY POVERTY IN FIVE COUNTRIES
8. Introduction to Part II
I. Outline of Chapters
9. Energy Injustice in Bulgaria
Teodora Peneva
I. Introduction
II. Energy Poverty in Bulgaria
III. Consumer Protection Mechanism
IV. Key Areas of Energy Injustice
V. The Energy Injustice Labyrinth in Bulgaria
VI. Constraints for Energy Justice in Bulgaria
VII. Conclusions
10. Energy Poverty and Access to Justice in Catalonia
Anais Varo and Enric R Bartlett Castella
I. Introduction
II. The Spanish Electrical System
III. Vulnerable Consumers and Access to Energy Justice in Catalonia
IV. Energy Poverty: What are the Gaps in the Current Measures?
V. Moving Towards a Just Energy Model:Policy Implications
VI. Conclusions
11. Access to Justice and Energy Poverty in France
Marine Cornelis
I. Introduction
II. Energy Poverty
III. A Complex ADR Landscape: Divided between the National Public Ombudsman, Company Mediators and Other Public Parties
IV. What are the Barriers to Access Justice for Energy Consumers?
V. What Role does ADR (Ombuds) Play in Accessing Justice for Energy-Poor and Vulnerable Consumers?
VI. How can Vulnerable Consumers Access Justice?
VII. What can be done to Improve the Situation?
VIII. Conclusion
12. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: Policy Measures and the Role of ADR
Sarah Supino and Benedetta Voltaggio
I. Italian Policies to Tackle Energy Poverty
II. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: The Role of ADR
III. Data on ADR Procedures in the Energy Sector
IV. Conclusions
13. Access to Justice in Energy: United Kingdom
Cosmo Graham
I. Introduction
II. The Legal Framework of Energy Regulation in Great Britain
III. The GB Energy Industry
IV. The Fuel Poverty Strategy
V. Complaints against Energy Companies
VI. Conclusion
