Collective Dimensions of Access to Justice

Collective Dimensions of Access to Justice



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English | September 23, 2025 | ISBN-10: 3031945212 | 341 pages| Epub PDF (True) | 11.3 MB

The current societal transformations, brought by globalization and technological innovation, have disrupted the global and multilevel constitutional landscape, now fragmented in standardized and massified relationships in which inequalities are increasingly amplified. Against such a backdrop, the democratic mechanisms of representation, on the one hand, and the traditional civil law dualistic paths of litigation, on the other hand, appear ineffective in enforcing rights, especially fundamental ones. The present research, theoretical and empirical, aims to evaluate the role of Italian class actions (also referred to, in the European context, as collective or representative actions) as a means of overcoming such challenges and ensuring effective access to justice. Adopting an innovative constitutional-law standpoint, it stems from the recent EU Directive 2020/1828 on representative actions for the protection of the collective interests of consumers, as well as the related national reforms, some of which – like the Italian one – are innovatively trans-substantive. From this, the book analyses, in a broader comparative lens, the constitutional foundations of collective enforcement (as opposed to individual litigation),

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