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About this product
- DescriptionThis 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 ecomic 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.
- Author BiographyChristopher Hodges is Head of the CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, Oxford University.
- Author(s)Christopher J. S. Hodges
- PublisherBloomsbury Publishing PLC
- Date of Publication30/09/2008
- SubjectEU Law: Professional
- Series TitleStudies of the Oxford Institute of European & Comparative Law
- Series Part/Volume Number8
- Place of PublicationOxford
- Country of PublicationUnited Kingdom
- First Published2008
- ImprintHart Publishing
- Content Note1, black & white illustrations
- Weight651 g
- Width156 mm
- Height234 mm
- Spine20 mm
- Format DetailsWith printed dust jacket
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