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Current discussions on consumer redress: collective redress and ADR [PDF]
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.
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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
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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
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Where is the l(ove)? Excavating law and labour in The Redress of Law
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
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A Comparative Analysis of Indigenous Displacement and the World War II Japanese American Internment [PDF]
Article in special issue of Amerasia Journal on "Carceral ...
Cynthia Wu
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COLLECTIVE REDRESS AND ALTERNATIVE DISPUTE RESOLUTION – REMEDIES IN THE „CONSUMER TOOLKIT” [PDF]
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
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Collective redress and workers’ rights in Slovenia [PDF]
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.
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Consumer protection in practice – transnational comparative account of collective redress mechanisms
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
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Social rights constitutionalism: an antagonistic endorsement [PDF]
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
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Private Enforcement and Opt-out SystemRisks, Rewards and Legal Safeguards [PDF]
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
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