The effective protection of collective interests: the interplay between jurisprudence and legislation

Abstract

Collective actions are once again at the centre of political debate (and consequently of academic debate) at the European level following the intervention by the European Commission with the so-called New Deal for Consumers. Collective redress mechanisms join the efforts and the needs of all the injured parties in order to obtain compensation for the violation collectively suffered achieving the objective of access to justice that underlies the principle of effective remedy enshrined in Article 47 of the EU Charter (CFR). Collective actions have been the objects of several European judgements showing a clear hierarchy between individual and collective action, leaving the latter a complementary role. The principle of effectiveness of remedies, however, should justify a more in-depth analysis of the relationship between individual action and collective action by reviewing the complementary model developed by the court. If this step towards an increased level of protection is to be found only in some judicial decisions, an innovative example of the complementarity between the individual and collective instruments is represented by the new Italian legislation on class action.