Jurisdiction and cross-border collective redress : a European private international law perspective
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Bibliographic Information
Jurisdiction and cross-border collective redress : a European private international law perspective
（Studies in private international law, v. 23）
Hart, 2019
- : hb
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Cross-border collective redress in the European Union and private international law rules on jurisdiction
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Revision of the author's thesis (doctoral) -- Universidad Autónoma de Madrid, 2017. Under the title: Cross-border collective redress in the European Union and private international law rules on jurisdiction
Includes bibliographical references (p. [302]-318) and index
Description and Table of Contents
Description
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.
This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress.
This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Table of Contents
Introduction
I. The Rise of Mass Damages and the Corresponding Private Enforcement Gap
II. Collective Redress to the Rescue
III. Efforts at the EU Level
IV. Delineation of the Material Scope
V. Towards the Construction of an Appropriate Regime on International Jurisdiction in Collective Redress Cases
1. Back to the Origin: The US Class Action
I. A Primer on Class Actions
II. Pre-Certification Questions
III. Class Certification
IV. Post-Certification Steps
V. Conclusion
2. Collective Redress Mechanisms in the EU
I. Developments of National Collective Redress Mechanisms
II. The Role of the EU
III. Conclusion
3. Private International Law Analysis
I. Jurisdiction under the Brussels Regulation (Recast) (BIa)
II. Jurisdiction and Collective Redress
III. Conclusion
4. Proposal for an Appropriate Forum Regarding Collective Redress Actions
I. Appropriateness of the Current Provisions and Proposals for Reform
II. Proposal
III. Conclusion
Final Conclusions
I. Harmonisation of Collective Redress Mechanisms: Unity over Diversity
II. The Proposal: Access to Justice over Unity
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