Alternative Dispute Resolution in European Administrative Law

Author: Dacian C. Dragos
Publisher: Springer
ISBN: 3642349463
Format: PDF, ePub
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This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Italian Banking and Financial Law Crisis Management Procedures Sanctions Alternative Dispute Resolution Systems and Tax Rules

Author: D. Siclari
Publisher: Springer
ISBN: 1137507624
Format: PDF, Mobi
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Within an environment made difficult by the continuing economic crisis, the Italian model for crisis management and resolution has helped to avoid many difficulties faced by intermediaries across the globe. However, the Italian model for crisis management will be forced to adapt to the new EU Bank Recovery and Resolution Directive, which introduces a unified regime for such events in all EU countries. This book explores the various methods for crisis management employed in Italian finance. The authors discuss procedures used in the banking and insurance sectors, such as deposit guarantee schemes and alternative dispute resolution systems. They also explore the evolution of the administrative sanctioning systems, and the roles of tax rules and credit rating agencies in Italian finance. This book analyses the evolution of the various crisis management processes, and discusses potential goals and improvements within the context of recent measures suggested by the European Commission.

Consumer ADR in Europe

Author: Christopher Hodges
Publisher: Bloomsbury Publishing
ISBN: 1847319416
Format: PDF, ePub
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This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) 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.

The Collaborative Economy and EU Law

Author: Vassilis Hatzopoulos
Publisher: Bloomsbury Publishing
ISBN: 1509917152
Format: PDF, Docs
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'Disruptive innovation', 'the fourth industrial revolution', 'one of the ten ideas that will change the world'; the collaborative/sharing economy is shaking existing norms. It poses unprecedented challenges in terms of both material policies and governance in almost all aspects of EU law. This book explores the application – or indeed inadequacy – of existing EU rules in the context of the collaborative economy. It analyses the novelties introduced by the collaborative economy and discusses the specific regulatory needs and instruments employed therein, most notably self-regulation. Further, it aims to elucidate the legal status of the parties involved (traders, consumers, prosumers) in these multi-sided economies, and their respective roles in the provision of services, especially with regard to liability issues. Moreover, it delves into a sector-specific examination of the relevant EU rules, especially on data protection, competition, consumer protection and labour law, and comments on the uncertainties and lacunae produced therein. It concludes with the acute question of whether fresh EU regulation would be necessary to avoid fragmentation or, on the contrary, if such regulation would create unnecessary burdens and stifle innovation. Taking a broad perspective and pragmatic view, the book provides a comprehensive overview of the collaborative economy in the context of the EU legal landscape.

Civil Procedure and EU Law

Author: Eva Storskrubb
Publisher: Oxford University Press, USA
ISBN: 0199533172
Format: PDF
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This book examines a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation. The book analyses the EU's specific legislative measures regulating civil procedure and assesses their impact on litigation, particularly due process rights. The policy is then placed in the broader contexts of European integration and the international codification of civil procedure.

The New Regulatory Framework for Consumer Dispute Resolution

Author: Pablo Cortés
Publisher: Oxford University Press
ISBN: 0191079073
Format: PDF, ePub, Docs
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Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Dispute Resolution in Transnational Securities Transactions

Author: Tiago Andreotti
Publisher: Bloomsbury Publishing
ISBN: 150990848X
Format: PDF, Mobi
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This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.

Research Handbook on EU Administrative Law

Author: Carol Harlow
Publisher: Edward Elgar Publishing
ISBN: 1784710687
Format: PDF, ePub
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Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.

Traditions and Change in European Administrative Law

Author: Roberto Caranta
Publisher: Apollo Books
ISBN: 9789089520715
Format: PDF, ePub
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In Europe, the traditional continental administrative model is mainly top-down and is based on the following assumptions: a) Political bodies strike a balance among the conflicting interests present in the society or, rather, among the conflicting social interests, choosing those that deserve to gain the upper hand. b) The administrative organization has the task to implement the choices made by the law maker in specific cases and it is normally responsible to it. To this end, it works through adjudication processes and adopts decisions. Normally, to make adjudication more predictable and easier, given its complex structure, the administrative organization is also empowered to enact secondary rules. Rules and administrative decisions derive their legal authority from the law they are implementing, overriding individual interests. c) The courts are empowered to check that the administrative organization does not overstep the boundaries laid down by the law. * A different dialogue model is possible. It is based on the following assumptions: a) It is up to the different social actors to negotiate and find mutually acceptable compromises between conflicting interests. b) The administrative organization acts as a facilitator or broker of decisions, which are, to a more or less large extent, taken by the social actors. c) The courts check that all concerned social actors are allowed to take part in the dialogue and are fairly treated. * The research presented in this book classifies the European legal system according to the models outlined above, to their possible combinations, and to their variables.