Publicado 2020-12-20 — Actualizado el 2020-12-20
Palabras clave
- Access to Justice,
- Class Actions,
- Collective Actions,
- Collective Redress,
- Directive 2020/1828
- Effectiveness of Law,
- EU Law,
- Representative Actions ...Más
Cómo citar
Derechos de autor 2020 Csongor István Nagy
Esta obra está bajo una licencia internacional Creative Commons Atribución 4.0.
Resumen
On 25 November 2020, the EU adopted the Directive on Representative Actions. This long-awaited legal instrument is the first to create a binding European-wide collective action mechanism for monetary relief. Notwithstanding that it was supposed to crown three decades of intellectual efforts, the Directive failed to establish a workable system going beyond traditionalist fundamentalism. The Directive takes a markedly minimalist approach and its only added value is that some collective mechanism, however ineffective and low-key, should be available in every Member State.
This paper provides an analytical overview of the Directive in light of the pertinent European debate. Section 2 provides a general presentation and assessment of the Directive’s scope and nature and the issues it fails to address. The rest of the sections deals with the Directive’s different regulatory chapters. Section 3 deals with the rules on standing and qualified entities. Section 4 addresses the Directive’s provisions on opt-in and opt-out. Section 5 presents the safeguards the Directive sets up against abusive litigation. Section 6 contains the paper’s conclusions and defines the incremental value generated by the Directive (it takes stock of those elements that may represent an added value in comparison to the pre-Directive regulatory situation).