The original Manifesto refers to ‘procedures’ and ‘enforcement’ only once each. Yet, civil procedure is essential to any analysis of private law. In Europe, civil procedure and enforcement laws are advancing at a fast pace, influenced both by the European Union and national legislatures. In the past two decades, Europe has witnessed a noticeable increase in collective actions and mass procedures. What was initially seen as something unique to American law has now expanded within the realm of private law in various areas such as consumer protection and unfair trading practices, securities, tort law, or environmental law. This ties to broad shifts in the European political economy: increasingly, individuals are granted rights of action instead of relying solely on public enforcement. Often, these rights can only be effectively enforced through group procedures and the aggregation of claims, especially when individual claims have low value … (more)
[Grigoris Bacharis and Szymon Osmola, Transformative Private Law Blog, 23 October 2024]
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