Although traditional, individualistic, two-party civil procedure predominates in group actions, it is not the perfect tool for handling the full range of conflicts in a modern society. Many citizens do not pursue legally well-founded claims, particularly in the area of consumer and environmental law.
<p class=copymedium>In order for the procedural system to fulfil its functions--reparation and prevention--some reforms are necessary to adapt mass claims to traditional two-party procedure.
<p class=copymedium> While there exists a rather restricted possibility for group actions in a wider sense in almost all member states of the European Union and in some other European countries, the full effectiveness of class actions is found only in the United States, Canada, Australia, and Brazil. The author illustrates the possible introduction of class actions in Europe, with a summary of the proposal of the Swedish Commission on Group Actions for which he acted as Special Commissioner.
<p class=copymedium>The growing number of group claims, the controversial nature of the issues involved, and the unique perspective of the author make Group Actions and the Role of Courts - A European Perspective an important work for law makers, academics, and legal practitioners wanting to become versed on an important current issue.
Sprache
Verlagsort
Zuidpoolsingel
Niederlande
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Research
Maße
Gewicht
ISBN-13
978-90-411-0379-6 (9789041103796)
Schweitzer Klassifikation
<ol class=copymedium>I. Introduction. II. The Role of the Courts. III. Form and Substance. IV. The Purpose and Function(s) of the Legal System and Civil Proceedings. A: A Basic View. B: Four Functions: 1: Conflict Resolution. Access to Justice and Alternative Dispute Resolution (Reparation). 2: Behavior Modification (Prevention). 3: The Formation of Precedents, Legal Development, etc. 4: Public and Procedural Economy. C: To Sum Up. V. Individualism and Massification. A: Group Claims. B: Revolution or Reform? VI. Group Actions. A: Terminology, Function(s), and Existence. B: Class Actions for Europe? C: The Swedish Proposal. 1. Presentation. 2. Characterization. D: Reactions to Proposals for the Introduction of Group and Class Actions. VII. Conclusion. Notes.</ol>