Grupės ieškinys Lietuvoje – praktinės įgyvendinimo problemos

Direct Link:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Lietuvių kalba / Lithuanian
Grupės ieškinys Lietuvoje – praktinės įgyvendinimo problemos
Alternative Title:
Class action in Lithuania – practical implementation issues
In the Journal:
Teisė. 2016, t. 101, p. 29-47
Grupės ieškinys.
Class action.
Summary / Abstract:

ENArticle identifies the basic practical problems of implementing the class action in Lithuania, determines what challenges await the parties and the courts after introduction of this new and yet well-untested institute in Lithuania. In addition, article pr,ovides suggestions for regulatory improvement of this institute, given the problems that arise in other jurisdictions, in such a way ensuring that the class action could become not a declarative, but real and genuine tool to a large group of victims to defend their rights in court, and for the business to avoid becoming victim of abused application of this tool. Article concludes that while regulating class action it is very important to balance risks and benefits. It is also recommended to ensure a proper balance between access to justice and relevant political considerations, without overburdening private companies and without overburdening the state treasury. Greater coordinating role for public authorities is also recommended. Using public institutions as the driving force while implementing any new collective dispute resolution mechanisms in cases would provide balance of interests and will help avoid practical problems. In addition, it is stated that in order to avoid abuse of the class action institute, the legislator should implement a variety of procedural and substantive safeguards. At the same time, it is concluded that a strong and active role of the judiciary is one of the most important characteristics of a good collective dispute resolution practice and one of the main tools of protection against abuse of the court processes. [From the publication]

1392-1274; 2424-6050
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2019-01-05 12:26:12
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