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Right of action in collective proceedings
Just, Adam ; Sedláček, Miroslav (advisor) ; Holčapek, Tomáš (referee)
Right of action in collective proceedings Abstract This thesis is focused on the analysis of the persons with right of action and interested class members in collective proceedings and the draft law on collective proceedings going through the national legislative process, which is the transposition of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC. The aim of the thesis is to assess the current readiness of the Czech legal environment to adopt the new institute coming from common law. The thesis is based on analysis, abstraction, classification, deduction and comparative analysis of several European countries. Appropriate de lege ferenda solutions are proposed. The first chapter of the thesis defines the institutes and notions of adversarial proceedings related to right of action and standing in the Czech legal environment.The second chapter is focused on the definition of collective proceedings. The chapter also includes an evaluation of the appropriate opt-in and opt-out model for national legal systems, concluding that the opt-in model is more appropriate for the Czech environment. The third chapter of the thesis presents concept of the right...
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Class actions
Vlasáková, Tereza ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Class actions In the thesis on the topic of "Class actions", the author first deals with general issues of class actions, their division or individual systems of collective proceedings. In the second chapter, the author focuses on European legislation, specifically the Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law and Proposal for a directive of the European parliament and of the council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC of 11 April 2018. Institutes, which in the current Czech legislation to some extent show signs of collective proceedings, are included and described in detail in the third chapter. The last chapter is a key chapter of the thesis, in which the author deals with the proposed Czech legislation on collective proceedings and compares it with the already adopted German legislation "Musterfeststellungsklage". In the individual subchapters, the proposed Czech legislation is not only compared with the already adopted German legislation, but within the Czech legislation itself, amendments are pointed out that have been implemented within the current...
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Class Actions
Poche, Kristýna ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Class Actions in the Czech Legal Order Abstract A class action makes it possible to deal with similar claims of members of a certain group in a single proceeding, instead of forcing each injured party to assert his or her own claim in a separate proceeding. It is thus an important tool for collective protection of rights. The draft law on collective proceedings, which is currently being debated by the Chamber of Deputies, is the result of many years of discussions on the need to adopt a comprehensive regulation of collective protection of rights - typical especially for common law countries - in the Czech Republic. The original draft law on class actions, published in March 2019, was highly controversial and provoked a wave of sharp criticism, which eventually led to its comprehensive revision, including a change of name. This piece of work aims to compare the key elements of the currently discussed version of the draft law on collective proceedings with the alternatives chosen by legislators in other countries, and especially with the original draft law on class actions. The purpose of the work is to find out whether the Czech legislator managed to remove the most criticized aspects of the original draft law and eliminated the greatest risks arising from the new legislation. The main benefit of this piece...
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