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The phenomenon of collective action

Publication at Faculty of Law |
2019

Abstract

The article expands the discussion on collective enforcement of rights in civil procedure, as currently taking place in the Czech Republic. Its aim is to provide expert reaction to various arguments of collective-enforcement critics, like: Does collective enforcement head to penalize the defendant rather than compensate the plaintiff? Does collective enforcement degrade individuals to passive recipients of legal protection? Should collective actions have a broad scope of application or be limited to consumer law? Is opt-out regime acceptable (useful) tool or is it contrary to constitutional principles of due process?