US Class Actions: Promise and Reality
The US class action is the best-known tool of civil procedure for enforcement of mass private rights. It is intended to achieve judicial and procedural economy in civil procedure, and to exert significant pressure on corporate defendants to observe the law. This piece summarises the major empirical evidence on how the mechanism works. It confirms extensive enforcement of law. It also identifies issues of selectivity of case types (especially securities cases brought by investors), high transactional costs and reductions in sums received by claimants, the risk that high economic factors distort the legal merits of settlements, the limited evidence on evaluating the legal merits of outcomes, forum shopping, and aspects of conflicts of interest that have been criticised by European politicians as abusive. The piece notes that these features are predictable consequences of the policy of encouraging widespread private enforcement of law by incentivising intermediaries and reducing risk to claimants. Various questions are noted in relation to the future of collective redress in the different context of the European legal order.
Consumer Redress: Implementing the Vision
The development of consumer ADR (CDR) is still only in its infancy. The EU has taken the bold step of creating a pan-EU network of CDR bodies. This creates coverage of supply, establishes the essential quality requirements, and a regulatory structure to control quality. But the system is at an early stage, and many developments can be expected. It would be a mistake to expect everything to be transformed just because of the existence of the Directive and its implementation. Much more remains to be done. This chapter aims to take an overview of where CDR in Europe currently stands, the major issues that need to be addressed, and sets out a possible vision for CDR in future.
La inseguridad jurídica en normas de contratación estatal
It is established by different studies that the issue of government procurement has been marred by several factors, the test objective to publicize these factors, we take as starting point the constant conflict between the branches of government to try and organize this subject; will collect and analyze diverse regulatory and case material in order to achieve evidence and demonstrate the different concepts of constant change that produces excessive regulation of the subject procurement and is in turn causing rapid changes that result in legal uncertainty for our law on the Contract Status.