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

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    SYSNO ASEP0568673
    Document TypeJ - Journal Article
    R&D Document TypeJournal Article
    Subsidiary JČlánek ve SCOPUS
    TitleBuilding Collective Redress in Europe: Seeking Solutions for the Environment and Climate
    Author(s) Müllerová, Hana (USP-I) ORCID, RID, SAI
    Source TitleEuropean Law Review. - : Sweet & Maxwell Ltd. - ISSN 0307-5400
    Roč. 48, č. 1 (2023), s. 84-102
    Number of pages19 s.
    Publication formPrint - P
    Languageeng - English
    CountryGB - United Kingdom
    Keywordsaccess to justice ; collective proceedings ; environmental protection ; EU law ; representative actions
    Subject RIVAG - Legal Sciences
    OECD categoryLaw
    Method of publishingMetadata only
    Institutional supportUSP-I - RVO:68378122
    EID SCOPUS85148523129
    AnnotationCollective 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.
    WorkplaceInstitute of State and Law
    ContactIveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714
    Year of Publishing2023
    Electronic addresshttps://www.ilaw.cas.cz/upload/web/files/projekty/Klima/2023-03%20Collective%20redress%20in%20ELR%20Incl.%20Publ.%20Note.pdf
Number of the records: 1  

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