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European consumer access to justice revisited / Stefan Wrbka.

By: Publisher: Cambridge, United Kingdom : Cambridge University Press, 2015Description: xviii, 400 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781107072374 (hardback)
  • 9781139680431 (Online)
Subject(s): DDC classification:
  • 343.2407/1 23
LOC classification:
  • KJE6577 .W73 2015
Other classification:
  • LAW022000
Online resources:
Contents:
Machine generated contents note: Part I. Setting the Stage: Access to Justice 2.0: 1. At the very outset; 2. Access to justice 2.0: breaking it into pieces; Part II. Procedural Law: The Traditional Pillar of Access to Justice 2.0: 3. A brief outline of the developments at the pan-EU level; 4. Prime examples; 5. Compensatory collective redress: the next step?; 6. Where to go from here?; Part III. Substantive Law: Complementing Access to Justice 2.0: 7. Widening the scope of the value-oriented justice discussion; 8. Substantive consumer law-making in the course of time; 9. Recent trends and developments; 10. The common European sales law; 11. Summarising comments on the defragmentation of substantive consumer laws in the context of the CRD and the CESL; Part IV. Consumer Access to Justice 2.0: A Multidimensional Framework: 12. From the current state of consumer law to consumer access to justice 2.0; 13. The justice debate and consumer legislation; 14. (Responses to) counter-arguments to third-party intervention; 15. Consumer empowerment; 16. Lessons to be drawn.
Summary: "European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU - 'access to justice 2.0'"-- Provided by publisher.Summary: "Teaching someone a foreign language and teaching a child to speak require the ability to explain terminology in a plain, simple and intelligible language. Writing a law book, in the present case a book about access to justice in the context of European consumer law, cannot, of course, be directly compared to teaching a language. Nevertheless, the situation more or less resembles language teaching, especially if the book is to be understood not only by legal scholars specialising in the particular fi eld at hand, but by a broader audience. Even if one wanted to address only the fi rst group, writing a book on the somewhat vague term 'access to justice' would clearly benefi t from a precise defi nition. Th e problem with this, however, is that there is not just one legitimate defi nition of access to justice. While it can be assumed that the meaning of 'access' is easy to understand, the term 'justice' can be interpreted in diff erent ways; it has been a prominent object of academic writing, not only in legal academia and in recent times, but also in various other fi elds and for hundreds of years, as will be seen in the course of this book"-- Provided by publisher.
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Holdings
Item type Current library Call number Status Date due Barcode
E-Books - Cambridge, Bloomsbury, Oxford Handbooks & West Academic E-Books - Cambridge, Bloomsbury, Oxford Handbooks & West Academic National Law School 343.2407/1 (Browse shelf(Opens below)) Not for loan EBK-526

Includes bibliographical references (pages 335-385) and indexes.

Machine generated contents note: Part I. Setting the Stage: Access to Justice 2.0: 1. At the very outset; 2. Access to justice 2.0: breaking it into pieces; Part II. Procedural Law: The Traditional Pillar of Access to Justice 2.0: 3. A brief outline of the developments at the pan-EU level; 4. Prime examples; 5. Compensatory collective redress: the next step?; 6. Where to go from here?; Part III. Substantive Law: Complementing Access to Justice 2.0: 7. Widening the scope of the value-oriented justice discussion; 8. Substantive consumer law-making in the course of time; 9. Recent trends and developments; 10. The common European sales law; 11. Summarising comments on the defragmentation of substantive consumer laws in the context of the CRD and the CESL; Part IV. Consumer Access to Justice 2.0: A Multidimensional Framework: 12. From the current state of consumer law to consumer access to justice 2.0; 13. The justice debate and consumer legislation; 14. (Responses to) counter-arguments to third-party intervention; 15. Consumer empowerment; 16. Lessons to be drawn.

"European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU - 'access to justice 2.0'"-- Provided by publisher.

"Teaching someone a foreign language and teaching a child to speak require the ability to explain terminology in a plain, simple and intelligible language. Writing a law book, in the present case a book about access to justice in the context of European consumer law, cannot, of course, be directly compared to teaching a language. Nevertheless, the situation more or less resembles language teaching, especially if the book is to be understood not only by legal scholars specialising in the particular fi eld at hand, but by a broader audience. Even if one wanted to address only the fi rst group, writing a book on the somewhat vague term 'access to justice' would clearly benefi t from a precise defi nition. Th e problem with this, however, is that there is not just one legitimate defi nition of access to justice. While it can be assumed that the meaning of 'access' is easy to understand, the term 'justice' can be interpreted in diff erent ways; it has been a prominent object of academic writing, not only in legal academia and in recent times, but also in various other fi elds and for hundreds of years, as will be seen in the course of this book"-- Provided by publisher.

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