The current societal transformations, brought by globalization and
technological innovation, have disrupted the global and multilevel
constitutional landscape, now fragmented in standardized and massified
relationships in which inequalities are increasingly amplified.
Against such a backdrop, the democratic mechanisms of representation,
on the one hand, and the traditional civil law dualistic paths of
litigation, on the other hand, appear ineffective in enforcing rights,
especially fundamental ones. The present research, theoretical and
empirical, aims to evaluate the role of Italian class actions (also
referred to, in the European context, as collective or representative
actions) as a means of overcoming such challenges and ensuring
effective access to justice. Adopting an innovative constitutional-law
standpoint, it stems from the recent EU Directive 2020/1828 on
representative actions for the protection of the collective interests
of consumers, as well as the related national reforms, some of which
– like the Italian one – are innovatively trans-substantive. From
this, the book analyses, in a broader comparative lens, the
constitutional foundations of collective enforcement (as opposed to
individual litigation), the specific use of collective proceedings to
enforce fundamental rights (rather than mere consumer ones – hence,
the originality in the current scholarship context) and the potential
drawbacks in light of possible abuse and fair trial guarantees. The
topicality of the study is given by the currently developing case law
on the matter in all EU Member States, especially in Italy, as well as
by the numerous discussions on how to best implement such a tool in a
strategic litigation perspective, while upholding essential due
process guarantees. The analysis is interdisciplinary, as initially it
draws from sociological and socio-legal insights, subsequently
theoretically developed and assessed through the aid of case studies.
It is also comparative, towards other jurisdictions’ implementation
of class actions and towards other more traditional European paths of
fundamental rights’ enforcement (e.g. constitutional review and
ECtHR applications). The foundational lens, nonetheless, is a
constitutional and legal one, since, on the one hand, it does so
against the backdrop of the principles of fair trial and effective
protection, enshrined under Articles 2, 24 and 111 It. Const., 6 and
13 ECHR, 47 CFREU, and 2 and 19 TEU, as developed by national and
supranational Apex courts.
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A Constitutional Study on Italian Class Actions in the European Multilevel System
Produktdetaljer
ISBN
9783031945229
Publisert
2025
Utgiver
Springer Nature
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter