Book review: The Future of Collective Redress in Europe: Limitations and Possibilities. A Review of ‘Multi-Party Redress Mechanisms in Europe: Squeaking Mice?’, edited by V. Harsagi & C.H. van Rhee

Abstract

This article is both a review of the important book ‘Multi-Party Redress Mechanisms in Europe: Squeaking Mice?’, edited by Viktória Harsági and Remco van Rhee, and an analysis of the limitations and possibilities of European Collective Redress. The book contributes to theoretical and interdisciplinary debates in a range of topics related to collective actions. First, it reveals the European way and the particularities of the emerging model of collective redress. Second, it examines the scope and the restrictions of this instrument in comparison to the Class Actions. Third, the characteristics of the aggregation mechanism are discussed, especially rules for standing, membership, and notice. Fourth, the judgment of collective actions involves courts, trained judges, burden of evidence, functions and the possibility of settlement. Furthermore, different country reports describe the experience of eight national jurisdictions with representative actions and group proceedings. This article aims to take the debate one step further to assess the future of collective redress in Europe. An original argument about the existence of three legal families of collective actions – Class Actions, Civil Public Actions, and Collective Redress – is made. Additionally, there is an evaluation of the limitations of collective redress, followed by an assessment of possibilities. Finally, there is an assessment of the recent developments at the European Commission and a discussion of the innovations brought by the New Deal for Consumers.