Towards Collaborative Governance of European Remedial and Procedural Law?
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Fabrizio Cafaggi
Abstract
This Article examines consumer law enforcement in the EU. It shows how the effectiveness of collective and individual redress is intrinsically linked to the interplay between administrative and judicial enforcement and alternative dispute resolution (ADR). It addresses the trends and the contradictions of EU enforcement policies and their impact on national systems by looking at the role of general principles and fundamental rights, in particular Article 47 of the European Charter of Fundamental Rights (CFR). It concludes with policy recommendations concerning how the various consumer enforcement mechanisms should be coordinated at the EU and national level to ensure comprehensive and effective protection in compliance with fundamental rights.
© 2018 by Theoretical Inquiries in Law
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
Articles in the same Issue
- Frontmatter
- Introduction
- Keynote Address
- The American Class Action: From Birth to Maturity
- Publicly Funded Objectors
- Tiered Certification
- Can and Should the New Third-Party Litigation Financing Come to Class Actions?
- The Global Class Action and Its Alternatives
- Class Actions in the United States and Israel: A Comparative Approach
- Regulation Through Litigation — Collective Redress in Need of a New Balance Between Individual Rights and Regulatory Objectives in Europe
- Towards Collaborative Governance of European Remedial and Procedural Law?
- Class Action Value
- When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime
- Rethinking the Relationship Between Public Regulation and Private Litigation: Evidence from Securities Class Action in China
- The Regime Politics Origins of Class Action Regulation
