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Your search keyword '"Collective redress"' showing total 4 results
Start Over Descriptor "Collective redress" Journal journal of private international law
4 results on '"Collective redress"'

1. Small in value, important in essence: lessons learnt from a decade of implementing the European Small Claims Procedure in Italy and Belgium.

Author

Giacalone, Marco, Abignente, Irene, and Salehi, Seyedeh Sajedeh

Subjects
*DEBTOR & creditor, *SMALL claims courts, *ACCESS to justice, *ONLINE dispute resolution
Abstract

This article examines the extent to which the European Small Claims Procedure (ESCP) has served the main purpose of the EU legislature to establish a legal framework to improve access to justice for creditors of cross-border small claims through a simplified, expedited and inexpensive redress mechanism. This article first analyses the implementation of the ESCP in Italy and Belgium. These two countries were chosen because of the authors' research on the Small Claims Analysis Net (SCAN) Project (The SCAN Project was initiated in 2018 as a two-year project with the fundamental aim of evaluating the efficiency of the European Small Claims Procedure within several EU Member States (France, Belgium, Italy, Slovenia, and Lithuania), besides raising awareness of this procedure among consumers and other judicial stakeholders. For the conducted activities as part of the SCAN project, see accessed on 24 February 2021). The second part of this article deals with the impact of this regulatory instrument on access to justice for citizens, in view of the principle of judicial efficiency. Finally, this article focuses on the possibility of using this instrument for collective redress, on the one hand, and linking this procedure to online dispute resolution, on the other. [ABSTRACT FROM AUTHOR]

Published
2021
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2. Consumer Collective Redress under the Brussels I Regulation Recast in the Light of the Commission's Common Principles

Author

Beatriz Aňoveros Terradas

Subjects
European Union law, Disappointment, Conflict of laws, Member states, media_common.quotation_subject, Commission, State (polity), Law, Political Science and International Relations, medicine, media_common.cataloged_instance, Sociology, medicine.symptom, European union, Collective redress, media_common
Abstract

This paper examines the state of play on cross-border consumer collective redress in Europe in the light of three important instruments: (1) the Brussels I Regulation (Recast) (2) the Commission Communication entitled “Towards a European Horizontal Framework for Collective Redress”; and (3) the Commission’s Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law. The study highlights general disappointment with the new European Union instruments. The disappointment stems from the mediocre consumer collective redress likely to be achieved by the aforementioned three instruments.

Published
2015

3. Schemes of Arrangement and Voluntary Collective Redress: A Gap in the Brussels I Regulation

Author

Jan-Jaap Kuipers

Subjects
Conflict of laws, Publishing, business.industry, Project commissioning, Political science, Political Science and International Relations, Public administration, business, Law, Collective redress
Abstract

(2012). Schemes of Arrangement and Voluntary Collective Redress: A Gap in the Brussels I Regulation. Journal of Private International Law: Vol. 8, No. 2, pp. 225-249.

Published
2012

4. The Brussels I Regulation: Cross-Border Collective Redress Proceedings and Judgments

Author

Mihail Danov

Subjects
Conflict of laws, Jurisdiction, business.industry, Project commissioning, Domestic policy, Context (language use), Enforcement of foreign judgments, Publishing, Political science, Law, Political Science and International Relations, business, Collective redress
Abstract

The way in which the European and domestic policy favoring cross-border collective redress actions can be implemented under the existing provisions for jurisdiction and recognition and enforcement of foreign judgments under the Brussels I Regulation is discussed. Private international law rules have a vital role to play with respect to cross-border collective proceedings arising in the European context.

Published
2010

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