A key question on the topic of collective redress in Europe is: to what extent will the proposed rules have the support of all the stakeholders and of the parties that have to apply them, and therefore a fair chance of working? The answer turns on an essential procedural issue, namely the manner in which the rules are established and will be introduced in the member states.
This article will consider why the issue of collective redress justifies a different approach to the traditional one, where commissions or external experts draw up a report that is voted on and ultimately rejected or implemented through any kind of legislative action. The different approach is called ‘private rule-making’ which, although it may be more difficult to apply private rule-making in its purest form at European Union (EU) level than in a domestic environment, there is much to be gained by doing so.
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