In “The Globalization of Class Actions,” Veronique Magnier discusses both the history of class action litigation in France and the development of corresponding legal procedures. Development has been slow and incremental in the eyes of Magnier. However, Magnier argues that France will ultimately have to adopt a class action process. Whether that will be implemented by France or the European Union, time will tell.
Magnier begins the discussion with the history of class action legislation in France. Reforms of the French Civil Code of Procedure and the increase of a society based on consumption in the 1970’s jumpstarted the desire for group litigation and protection. Although the first case of group litigation occurred in 1913, a formalized structure did not begin to develop until the late 1990’s and early 2000’s. Each attempt at creating a formalized class action structure failed. Various attempts were started, abandoned, and restarted, all to follow the revolving cycle of legislative abandonment. There are nonetheless, two methods for collective redress available.
The first method is to protect consumer interests. This is most prominent when corporations or organizations are committing illegal acts. A national association (cannot be an individual) will take the corporation to court to stop the illicit act. …show more content…
The one example used regarding mobile phone operators, does not include a discussion of the two methods of achieving collective compensation. The discussion is not present because in this particular case the individuals each filed individual suits at the recommendation of the association. It does not assist the reader when the sole example used, does not relate to sixty-five percent of the discussion. To ameliorate this dilemma, examples should be used in conjunction with each topic section. Otherwise, the reader is confronted with more questions, or, they fail to grasp with the author is attempting to
Magnier begins the discussion with the history of class action legislation in France. Reforms of the French Civil Code of Procedure and the increase of a society based on consumption in the 1970’s jumpstarted the desire for group litigation and protection. Although the first case of group litigation occurred in 1913, a formalized structure did not begin to develop until the late 1990’s and early 2000’s. Each attempt at creating a formalized class action structure failed. Various attempts were started, abandoned, and restarted, all to follow the revolving cycle of legislative abandonment. There are nonetheless, two methods for collective redress available.
The first method is to protect consumer interests. This is most prominent when corporations or organizations are committing illegal acts. A national association (cannot be an individual) will take the corporation to court to stop the illicit act. …show more content…
The one example used regarding mobile phone operators, does not include a discussion of the two methods of achieving collective compensation. The discussion is not present because in this particular case the individuals each filed individual suits at the recommendation of the association. It does not assist the reader when the sole example used, does not relate to sixty-five percent of the discussion. To ameliorate this dilemma, examples should be used in conjunction with each topic section. Otherwise, the reader is confronted with more questions, or, they fail to grasp with the author is attempting to