Have a personal or library account? Click to login
Alternative Methods of Collective Disputes Resolution in the Czech Republic Cover

Alternative Methods of Collective Disputes Resolution in the Czech Republic

Open Access
|Oct 2016

Abstract

On 11 June 2013, the Commission issued the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning the violations of rights granted under Union law. The main areas where private enforcement of rights granted under Union law in the form of collective redress is of value are consumer protection, competition, environment protection, protection of personal data, financial services legislation and protection of investments. Point 13 of the Recommendation concurrently emphasises that the principles it puts forward relate both to judicial and out-of-court collective redress. The Member States should ensure that judicial collective redress mechanisms are accompanied by appropriate means of collective alternative dispute resolution available to the parties before and throughout the litigation. Point 25 et seq. of the Recommendation then contains special regulations concerning collective alternative dispute resolution and settlements. The purpose of this article is to evaluate if the current legislation on alternative dispute resolution in the Czech Republic meets the principles encompassed in the Recommendation or if radical legal changes need to be adopted.

DOI: https://doi.org/10.1515/bjes-2016-0014 | Journal eISSN: 2674-4619 | Journal ISSN: 2674-4600
Language: English
Page range: 96 - 116
Published on: Oct 20, 2016
Published by: Tallinn University of Technology
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2016 Klára Hamuľáková, Jana Petrov Křiváčková, published by Tallinn University of Technology
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.