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Collective (group, mass) actions and their trying
Benko, Jan ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Collective (group, mass) actions and their trying Abstract With regard to both global and national developments, it is necessary to respond to the societal changes brought about by it in the field of private law. One of these changes is also the mass of legal relationships consisting of the existence of a large number of almost identical rights and obligations between one or more entities on the one hand and thousands and millions on the other. In practice, new problems arise, such as overloading the courts, enormous costs of proceedings, recurring evidence, and so on. And these problems represent challenges that intitutes of collective rights protection, generally reffered to as collective actions, has to cope with. These include group action, representative action, test-case action, public group action, and so on. The prototype of all these actions is U.S. class action with deep historical roots, which has become the most used and the most famous. Also, in many other countries of the world and Europe, collective actions have been introduced in various forms, often inspired by U.S. class action. Collective protection of rights has been unresolved topic without the prospect of a comprehensive legislative framework until recently, but now the situation is different and the civil procedural law will be...
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Collective (group, mass) actions and their trying
Benko, Jan ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Collective (group, mass) actions and their trying Abstract With regard to both global and national developments, it is necessary to respond to the societal changes brought about by it in the field of private law. One of these changes is also the mass of legal relationships consisting of the existence of a large number of almost identical rights and obligations between one or more entities on the one hand and thousands and millions on the other. In practice, new problems arise, such as overloading the courts, enormous costs of proceedings, recurring evidence, and so on. And these problems represent challenges that intitutes of collective rights protection, generally reffered to as collective actions, has to cope with. These include group action, representative action, test-case action, public group action, and so on. The prototype of all these actions is U.S. class action with deep historical roots, which has become the most used and the most famous. Also, in many other countries of the world and Europe, collective actions have been introduced in various forms, often inspired by U.S. class action. Collective protection of rights has been unresolved topic without the prospect of a comprehensive legislative framework until recently, but now the situation is different and the civil procedural law will be...
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Collective actions in private enforcement of competition law
Jahn, Martin ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
in English This master's thesis is concerned with collective redress mechanisms in the area of competition law of the European Union. Taking into account the ongoing modernization of private enforcement of competition law, the European Commission had decided to create a complementary system of collective and representative actions. Implementation of such instruments was recommended by the European Commission in 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. The main research question of this thesis is whether the European Commission has taken a wise approach towards collective redress mechanisms by creating the complementary system of collective redress, using the opt-in mechanism. This master's thesis is divided into 5 main chapters. In the first chapter, the readers are introduced to the topic of enforcement of competition law in the European Union. Further, the main research question is laid down, followed by the sources and methodology used in this thesis. The second chapter shortly describes each way of enforcement of competition law in the European Union. It aims mainly at describing private enforcement of competition law, as it forms the...
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