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Author: Stefan Wrbka
Publisher: Cambridge University Press
ISBN: 1107072379
Category : Law
Languages : en
Pages : 419
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Book Description
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Author: Stefan Wrbka
Publisher: Cambridge University Press
ISBN: 1107072379
Category : Law
Languages : en
Pages : 419
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Book Description
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Author: Stefan Wrbka
Publisher:
ISBN: 9781316204504
Category : Consumer protection
Languages : en
Pages :
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Book Description
"European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU - 'access to justice 2.0'"--
Author: Naomi Creutzfeldt
Publisher: Policy Press
ISBN: 1529229545
Category : Law
Languages : en
Pages : 239
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Book Description
The pandemic has significantly impacted people's engagement with the administrative justice system (AJS). As we navigate the post-pandemic era, the siloed landscape of tribunals, ombuds, advice services and NGOs face the challenge of maintaining trust in the justice system's fairness, efficacy and inclusivity. Examining the journeys individuals undertake to seek justice in housing and special educational needs and disabilities (SEND), this book sheds light on how these institutions adapted to remote service provision. Written by key names in the field, this important contribution uncovers valuable insights for digitalization efforts and offers concrete recommendations for improving pathways to justice.
Author: Mark Fenwick
Publisher: Bloomsbury Publishing
ISBN: 1509911278
Category : Law
Languages : en
Pages : 461
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Book Description
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: Geraint Howells
Publisher: Routledge
ISBN: 135167532X
Category : Law
Languages : en
Pages : 429
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Book Description
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: Felix Pflücke
Publisher: Oxford University Press
ISBN: 0198906390
Category : Law
Languages : en
Pages : 252
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Book Description
European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.
Author: Hilde K Ellingsen
Publisher: Bloomsbury Publishing
ISBN: 1509937153
Category : Law
Languages : en
Pages : 357
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Book Description
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: Alexia Pato
Publisher: Bloomsbury Publishing
ISBN: 1509930310
Category : Law
Languages : en
Pages : 367
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Book 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.
Author: Zheng Sophia Tang
Publisher: Bloomsbury Publishing
ISBN: 1782259309
Category : Law
Languages : en
Pages : 347
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Book Description
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
Publisher: Springer
ISBN: 9811001146
Category : Law
Languages : en
Pages : 194
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Book Description
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.
