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Current discussions on consumer redress: collective redress and ADR [PDF]

open access: yesERA Forum, 2012
The two topics of collective redress and ADR might, at first sight, appear to have little in common. One is usually thought to relate to a court, judicial procedure and the other to a non-judicial procedure. The first essentially involves coercion and the second its opposite, voluntary agreement.
openaire   +1 more source

BRAZILIAN JURISDICTION IN TRANSNATIONAL COLLECTIVE REDRESS: WHAT CAN WE LEARN FROM THE DISCUSSIONS FACED IN A EUROPEAN CONTEXT?

open access: yesRevista Eletrônica de Direito Processual, 2019
The present article’s objective is to analyse the Brazilian jurisdiction in transnational collective redress. To do this, an approach to central concepts to the subject is made and, subsequently, it is examines some of the discussions that are already ...
Daniela Bermudes Lino
doaj   +1 more source

PROCEDURAL TECHNIQUES EVOLUTION FROM EXACERBATED INDIVIDUALISM TO ARTIFICIAL COLLECTIVISM: IRDR AS THE SYSTEM BALANCE TOOL

open access: yesRevista Eletrônica de Direito Processual, 2021
This paper demonstrates that the Repetitive Claims Resolution Proceeding (IRDR) has provided a procedurally more auspicious technique for the resolution of mass claims regarding homogeneous individual rights than the article 81, item III of the Consumer ...
Bruno Dantas   +1 more
doaj   +1 more source

Where is the l(ove)? Excavating law and labour in The Redress of Law

open access: yesEuropean Law Open, 2023
In his monograph The Redress of Law, Emilios Christodoulidis provides a sophisticated genealogical study of the emergence of total market thinking in Europe. With market constitutionalism having sidelined political constitutionalism, the potential of law
Silvia Steininger
doaj   +1 more source

COLLECTIVE REDRESS AND ALTERNATIVE DISPUTE RESOLUTION – REMEDIES IN THE „CONSUMER TOOLKIT” [PDF]

open access: yesChallenges of the Knowledge Society, 2018
Collective redress for compensation, also known as a group action or a class action, reunites consumers who have suffered the same or very similar loss or harm caused by the same trader.
Monica CALU
doaj  

Collective redress and workers’ rights in Slovenia [PDF]

open access: yesEuropean Labour Law Journal, 2021
In 2017, the Collective Actions Act introduced a new type of lawsuit – the collective action – into the Slovenian legal order. A collective action can be lodged in cases of instances of so-called ‘mass harm’, including mass violations of workers’ rights. This could improve the effectiveness of enforcement of workers’ rights in practice.
openaire   +2 more sources

Consumer protection in practice – transnational comparative account of collective redress mechanisms

open access: yesHumanities and Social Sciences, 2019
The question of effective enforcement of consumer rights has been widely discussed for many years in the European Union. The models of consumer protection significantly vary in the individual Member States.
Jagna Mucha
doaj   +1 more source

Social rights constitutionalism: an antagonistic endorsement [PDF]

open access: yes, 2017
The article discusses how we might understand solidarity as the organizing concept behind the institutionalization of social rights. I argue that writing solidarity into social rights constitutionalism carries productive tension into constitutional ...
Christodoulidis, Emilios
core   +1 more source

Private Enforcement and Opt-out SystemRisks, Rewards and Legal Safeguards [PDF]

open access: yesYearbook of Antitrust and Regulatory Studies, 2018
The EU Antitrust Damages Actions Directive does not include provisions for collective redress. Each EU member state is free to provide national regulation on this matter. The Portuguese legal system provided regulation on actio popularis since
Maria Elisabete Ramos
doaj   +1 more source

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