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This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.
This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.
This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and mediateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.