Group actions and the role of the courts: a European perspective

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Kluwer Law International, 1997 - Law - 23 pages
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Although traditional, individualistic, two-party civil procedure predominates in group actions, it is not the perfect tool for handling the full range of conflicts in a modern society. Many citizens do not pursue legally well-founded claims, particularly in the area of consumer and environmental law. In order For The procedural system to fulfil its functions--reparation and prevention--some reforms are necessary to adapt mass claims to traditional two-party procedure. While there exists a rather restricted possibility for group actions in a wider sense in almost all member states of the European Union and in some other European countries, The full effectiveness of class actions is found only in the United States, Canada, Australia, and Brazil. The author illustrates the possible introduction of class actions in Europe, with a summary of the proposal of the Swedish Commission on Group Actions for which he acted as Special Commissioner. The growing number of group claims, The controversial nature of the issues involved, And The unique perspective of the author make Group Actions And The Role of Courts A European Perspective an important work for law makers, academics, and legal practitioners wanting to become versed on an important current issue.

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