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Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 51,7 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781107072374
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Author : Naomi Creutzfeldt,Chris Gill,Marine Cornelis,Rachel McPherson
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 51,5 Mb
Release : 2021-07-01
Category : Law
ISBN : 9781509939442
How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).
Author : Casarosa, Federica,Moraru, Madalina
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 47,6 Mb
Release : 2022-02-04
Category : Law
ISBN : 9781800371224
This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Author : Sybe de Vries,Henri de Waele,Marie-Pierre Granger
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 45,6 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781788113441
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike.
Author : Naomi Creutzfeldt,Arabella Kyprianides,Ben Bradford,Jonathan Jackson
Publisher : Policy Press
Page : 238 pages
File Size : 48,8 Mb
Release : 2024-02-29
Category : Law
ISBN : 9781529229523
Written by key names in the field, this book explores the impact of digitization and COVID-19 on justice in housing and special needs education. It analyses access to justice, offers recommendations for improvement and provides valuable insights into administrative justice from user perspectives.
Author : Stefan Wrbka,Steven Van Uytsel,Mathias Siems
Publisher : Cambridge University Press
Page : 457 pages
File Size : 44,5 Mb
Release : 2012-04-30
Category : Law
ISBN : 9781107021549
This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.
Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 51,8 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509937158
Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.
Author : Pablo Cortés
Publisher : Routledge
Page : 283 pages
File Size : 46,6 Mb
Release : 2010-09-13
Category : Law
ISBN : 9781136943508
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Author : Hans-W Micklitz
Publisher : Cambridge University Press
Page : 489 pages
File Size : 47,9 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781108424127
Compares national concepts of social justice with the developing European concept of access justice.
Author : Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Publisher : Routledge
Page : 350 pages
File Size : 41,6 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351675321
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.
Author : Mark Fenwick,Mathias Siems,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 450 pages
File Size : 48,7 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509911271
The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Author : Alexia Pato
Publisher : Bloomsbury Publishing
Page : 286 pages
File Size : 54,8 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781509930302
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.
Author : Marcelo Corrales Compagnucci,Mark Fenwick,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 43,6 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781509937042
This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements. Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation. The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.
Author : Zheng Sophia Tang
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 51,9 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781782259299
The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.
Author : Mark Fenwick,Stefan Wrbka
Publisher : Springer
Page : 194 pages
File Size : 52,8 Mb
Release : 2016-04-02
Category : Law
ISBN : 9789811001147
This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.
