The Dutch System Of Alternative Dispute Resolution Schemes Relating To Consumer Disputes In The European Union
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| Author | : Pablo Cortés |
| Publisher | : Routledge |
| Total Pages | : 283 |
| Release | : 2010-09-13 |
| Genre | : Law |
| ISBN | : 1136943501 |
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 | : John Dickie |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 177 |
| Release | : 2005-07-24 |
| Genre | : Law |
| ISBN | : 1847314449 |
Producers and Consumers in EU E-Commerce Law argues that the European Union is failing adequately to protect consumers' critical interests in the area of e-commerce. The book compares the Union's close protection of producers' critical interests in e-commerce, considered in terms of authorship and of 'domain-identity', with its faltering steps towards protection of consumers' corresponding interests, considered in terms of fair trading, privacy and (on behalf of children) morality. The book assesses the threats posed to those interests, the extent to which self-help can and does neutralise those threats and, as regards any gaps left, the extent to which the Union has stepped into the breach. The argument is important given that surveys show low levels of consumer confidence in European cross-border e-commerce, a motor of integration par excellence.
| Author | : John Dickie |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 177 |
| Release | : 1999-08-01 |
| Genre | : Law |
| ISBN | : 1847313043 |
This book outlines and analyses the legislative activity of the Union in an area which is currently experiencing exponential growth in terms of both commercial activity and legal significance. The scope of the book is current,pending and proposed Internet-related law on contracts, copyright, data protection, commercial communications, financial services, electronic cash and electronic signatures. John Dickie argues that the Union is in the process of displacing Member State autonomy in the regulation of the Internet. Within that frame, it is argued that there is a lack of focus on the individual in the electronic marketplace and a lack of co-ordination between relevant legislative instruments. This book will be of interest to all those engaged with Union and Internet law, including lawyers, policy-makers and academics.
| Author | : Pablo Cortés |
| Publisher | : Oxford University Press |
| Total Pages | : 512 |
| Release | : 2016-12-01 |
| Genre | : Law |
| ISBN | : 0191079081 |
Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.
| Author | : Luke Nottage |
| Publisher | : Routledge |
| Total Pages | : 356 |
| Release | : 2004-07-31 |
| Genre | : Business & Economics |
| ISBN | : 1134433891 |
Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
| Author | : Fabrizio Cafaggi |
| Publisher | : Intersentia NV |
| Total Pages | : 472 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.
| Author | : Pierpaolo Marano |
| Publisher | : Springer Nature |
| Total Pages | : 439 |
| Release | : 2021 |
| Genre | : Bank marketing |
| ISBN | : 3030527387 |
This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--
| Author | : Helena Legido-Quigley |
| Publisher | : World Health Organization |
| Total Pages | : 242 |
| Release | : 2008 |
| Genre | : Medical |
| ISBN | : 9289071931 |
People have always travelled within Europe for work and leisure, although never before with the current intensity. Now, however, they are travelling for many other reasons, including the quest for key services such as health care. Whatever the reason for travelling, one question they ask is "If I fall ill, will the health care I receive be of a high standard?" This book examines, for the first time, the systems that have been put in place in all of the European Union's 27 Member States. The picture it paints is mixed. Some have well developed systems, setting standards based on the best available evidence, monitoring the care provided, and taking action where it falls short. Others need to overcome significant obstacles.
| Author | : Alexia Pato |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 367 |
| Release | : 2019-07-11 |
| Genre | : Law |
| ISBN | : 1509930310 |
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 | : Great Britain: Law Commission |
| Publisher | : The Stationery Office |
| Total Pages | : 94 |
| Release | : 2011-07-13 |
| Genre | : Business & Economics |
| ISBN | : 9780102973785 |
The public services ombudsmen provide a vital redress mechanism for aggrieved citizens; they are free for complainants, confidential and swift. This report deals with the five public services ombudsmen operating in England and Wales: (1) The Parliamentary Commissioner; (2) The Local Government Ombudsman; (3) The Health Service Ombudsman; (4) The Public Services Ombudsman for Wales; and (5) The Housing Ombudsman. The overarching aim is to recommend modernisation of the statutes for these ombudsmen: clarifying them where required; reforming them where the Commission thinks this would facilitate the work of the ombudsmen; increasing transparency and accountability where necessary. The Commission could not consider fundamental institutional design, and did not look at the creation of new ombudsmen or the amalgamation of the existing ombudsmen. The subject matter of the ombudsmen's work or the definition of "maladministration" was also not considered. The report is divided in to 5 parts including the recommendation to commission a general review of the role of the public services ombudsmen and their relationship with other institutions for administrative justice, such as judicial review or tribunals; access to the ombudsmen; the ombudsmen process; resolution, report & sharing experience; and independence & accountability
