Building Collective Redress in Europe: Seeking Solutions for the Environment and Climate

0568673 - ÚSP 2023 RIV GB eng J - Článek v odborném periodiku
Müllerová, Hana
Building Collective Redress in Europe: Seeking Solutions for the Environment and Climate.
European Law Review. Roč. 48, č. 1 (2023), s. 84-102. ISSN 0307-5400
Grant ostatní: AV ČR(CZ) LQ300682001
Program: Prémie Lumina quaeruntur
Institucionální podpora: RVO:68378122
Klíčová slova: access to justice * collective proceedings * environmental protection * EU law * representative actions
Obor OECD: Law
Impakt faktor: 1, rok: 2022
Způsob publikování: Pouze metadata
https://www.ilaw.cas.cz/upload/web/files/projekty/Klima/2023-03%20Collective%20redress%20in%20ELR%20Incl.%20Publ.%20Note.pdf

Collective redress mechanisms have been part of EU law for several decades. They focus on strengthening the position of the “weaker party” in litigation, especially in the consumer and competition fields. More recently, the EU has also tried to introduce collective redress mechanisms to the environmental protection sector, where they are known under the term “access to justice in environmental matters”. However, neither the legislative nor the interpretative attempts have so far proved successful. This article aims to uncover possible reasons for this failure, and to examine whether and on what conditions environmental law and emerging climate law are fitting sectors for collective redress mechanisms. To that end, the article analyses the main functions and objectives of environmental and climate harm cases, from the perspective of collective redress patterns. As a result, it suggests that when environmental collective redress is addressed, a distinction should be drawn between harms to persons and harms to the environment.
Trvalý link: https://hdl.handle.net/11104/0339939