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Author: Csongor István Nagy Publisher: Springer Nature ISBN: 3030242226 Category : Law Languages : en Pages : 132
Book Description
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Author: Csongor István Nagy Publisher: Springer Nature ISBN: 3030242226 Category : Law Languages : en Pages : 132
Book Description
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
Author: Alan Uzelac Publisher: Springer Nature ISBN: 3030730360 Category : Law Languages : en Pages : 400
Book Description
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Author: Justin Greenwood Publisher: Psychology Press ISBN: 9780415159746 Category : Political Science Languages : en Pages : 264
Book Description
Based on fresh empirical study, this book addresses fundamental questions surrounding the European political economy. An impressive array of contributors confront the issue of collective action at national and transnational levels.
Author: Ernst Hirsch Ballin Publisher: Springer Nature ISBN: 3030328937 Category : Political Science Languages : en Pages : 192
Book Description
This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.
Author: Hanspeter Kriesi Publisher: Springer ISBN: 1349273198 Category : Social Science Languages : en Pages : 269
Book Description
The growing interdependence on a global scale which characterizes the human condition at the turn of the century constitutes a challenge for both the mobilization of social movements and social movement theory. The present volume makes an attempt to adjust the perspective of the political process approach to a world in which political opportunities, mobilizing structures, framing processes and collective action of social movements are no longer confined to national political contexts.
Author: Richard Blanton Publisher: Springer Science & Business Media ISBN: 0387738762 Category : History Languages : en Pages : 470
Book Description
Anthropological archaeology and other disciplines concerned with the formation of early complex societies are undergoing a theoretical shift. Given the need for new directions in theory, the book proposes that anthropologists look to political science, especially the rational choice theory of collective action. The authors subject collective action theory to a methodologically rigorous evaluation using systematic cross-cultural analysis based on a world-wide sample of societies.
Author: Aurea Mota Publisher: Edinburgh University Press ISBN: 1474442986 Category : Collective behavior Languages : en Pages : 272
Book Description
This book acknowledges the severe problems with effective and significant collective action, but arrives at a more optimistic diagnosis of our time by rethinking the political from the angle of the experiences with progressive and conservative collective action in different parts of the globe: Brazil, South Africa and Europe. By doing so, it contributes a critical perspective to the debate about the possible impact of parts of the Global South for positive social and political developments worldwide.
Author: Aseem Prakash Publisher: Cambridge University Press ISBN: 1139492489 Category : Political Science Languages : en Pages : 335
Book Description
Advocacy organizations are viewed as actors motivated primarily by principled beliefs. This volume outlines a new agenda for the study of advocacy organizations, proposing a model of NGOs as collective actors that seek to fulfil normative concerns and instrumental incentives, face collective action problems, and compete as well as collaborate with other advocacy actors. The analogy of the firm is a useful way of studying advocacy actors because individuals, via advocacy NGOs, make choices which are analytically similar to those that shareholders make in the context of firms. The authors view advocacy NGOs as special types of firms that make strategic choices in policy markets which, along with creating public goods, support organizational survival, visibility, and growth. Advocacy NGOs' strategy can therefore be understood as a response to opportunities to supply distinct advocacy products to well-defined constituencies, as well as a response to normative or principled concerns.
Author: Sara Breinlinger Publisher: Taylor & Francis ISBN: 1317791622 Category : Psychology Languages : en Pages : 244
Book Description
In recent years there has been a growth of single-issue campaigns in western democracies and a proliferation of groups attempting to exert political influence and achieve social change. In this context, it is important to consider why individuals do or don't get involved in collective action, for example in the trade union movement and the women's movement. Social psychologists have an important contribution to make in addressing this question. The social psychological approach directly concerns the relationship between the individual and society and a number of theories have been developed in the field, particularly by contemporary European researchers. Yet, surprisingly, there has never been, until now, a concerted attempt to bring these various strands of research together in a coherent, detailed presentation of the social psychological approach to collective action. The authors of The Social Psychology of Collective Action review and integrate a number of theories developed in this field as well as presenting their own original research and data. The research discussed in the book ranges over a number of different contexts, with a particular focus on women's groups organizing around issues of gender. Questions addressed include: why do women get involved in women's groups? What part is played by experiences of discrimination in the family and in the workplace? What are the benefits of group involvement? How are feminist activists perceived by others who choose not to get involved? Findings from questionnaires and interviews are integrated with contemporary social psychological theory, especially social identity theory.
Author: Todd Sandler Publisher: Cambridge University Press ISBN: 1139454269 Category : Political Science Languages : en Pages : 315
Book Description
This book examines how nations and other key participants in the global community address problems requiring collective action. The global community has achieved some successes, such as eradicating smallpox, but other efforts to coordinate nations' actions, such as the reduction of drug trafficking, have not been sufficient. This book identifies the factors that promote or inhibit successful collective action at the regional and global level for an ever-growing set of challenges stemming from augmented cross-border flows associated with globalization. Modern principles of collective action are identified and applied to a host of global challenges, including promoting global health, providing foreign assistance, controlling rogue nations, limiting transnational terrorism, and intervening in civil wars. Because many of these concerns involve strategic interactions where choices and consequences are dependent on one's own and others' actions, the book relies, in places, on elementary game theory that is fully introduced for the uninitiated reader.
Author: Csongor István Nagy
Author: Csongor István Nagy
Author: Alan Uzelac
Author: Justin Greenwood
Author: Ernst Hirsch Ballin
Author: Hanspeter Kriesi
Author: Richard Blanton
Author: Aurea Mota
Author: Aseem Prakash
Author: Sara Breinlinger
Author: Todd Sandler