engleski

Why No Class Actions in Europe? A View from the Side of Dysfunctional Justice Systems

In Europe, collective redress is increasingly becoming a popular topic, both for learned scholars, and for international organizations. But, the optimistic wave of pro-collectivist procedural activism needs to have a reality check. This paper will point to a few reasons why it is not likely that class actions and similar forms of collective (aggregate, multi- party) litigation will ever develop into a serious procedural vehicle in a number of European countries. The primary focus of the analysis will be the institutional and organizational (in)capacity of the European civil justice systems, particularly in the (not so small) number of countries that experience difficulties with the efficiency and quality of their judiciaries. Some typical difficulties with the introduction of various forms of collective litigation (very modest ones, indeed) will be illustrated in the example of Croatia and its association suits (Verbandsklagen) in the area of consumer protection and anti-discrimination. In conclusion, it will be questioned whether the very intentions of the introduction of collective redress mechanisms are clear and well thought out, and whether they, to the extent that they are clear, have the capacity to satisfy those intentions.

class action; Europe; collective redress; Croatia

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