ON “REPRESENTATION” IN LITIGATION
SELECTED ISSUES
DOI:
https://doi.org/10.30925/zpfsr.46.1.13Keywords:
protection of collective rights, representative action, active legitimacy, opt-in/opt-out.Abstract
The paper discusses some of the issues related to the procedural protection of the rights of a larger group of persons (collectivity, community, group, class) who have a claim against another party in the proceedings based on identical factual and legal grounds. In light of this, several questions are raised, focusing on the establishment of a common procedural framework for the protection of various protected collective rights, determining who is authorized to fi le a lawsuit in the name and on behalf of the group, the types of claims that can be set, and the effects of a judgment towards all members of the group - except for those who have declared that they do not want it (opt-out) or only for those who have expressly agreed (opt-in). Additional analysis delves into jurisdictional and procedural matters, the possibility of parties to obtain evidence from the opposing party in the procedure (disclosure), third-party financing of procedural costs, and (judicial) oversight of settlements reached in connection with the procedure for the protection of collective rights.
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