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Building Collective Redress in Europe: Seeking Solutions for the Environment and Climate
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SYSNO ASEP 0568673 Document Type J - Journal Article R&D Document Type Journal Article Subsidiary J Článek ve SCOPUS Title Building Collective Redress in Europe: Seeking Solutions for the Environment and Climate Author(s) Müllerová, Hana (USP-I) ORCID, RID, SAI Source Title European Law Review. - : Sweet & Maxwell Ltd. - ISSN 0307-5400
Roč. 48, č. 1 (2023), s. 84-102Number of pages 19 s. Publication form Print - P Language eng - English Country GB - United Kingdom Keywords access to justice ; collective proceedings ; environmental protection ; EU law ; representative actions Subject RIV AG - Legal Sciences OECD category Law Method of publishing Metadata only Institutional support USP-I - RVO:68378122 EID SCOPUS 85148523129 Annotation 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. Workplace Institute of State and Law Contact Iveta Bůžková, iveta.buzkova@ilaw.cas.cz, Tel.: 221 990 714 Year of Publishing 2023 Electronic address https://www.ilaw.cas.cz/upload/web/files/projekty/Klima/2023-03%20Collective%20redress%20in%20ELR%20Incl.%20Publ.%20Note.pdf
Number of the records: 1