The mainly regulatory perspective from the previous Chapter is herein confirmed, with a specific focus on the Italian jurisdiction and, in particular, on the dual (injunctive and compensatory) class action model introduced in the Italian Code of civil procedure in 2019. The main characters of such a model are presented, highlighting the coordination challenges with other tools and aspects which appear most relevant under a constitutional perspective: i.e., the objective and subjective scope of application, stressing the key differences between the compensatory and injunctive remedy, rules on standing to sue and to be sued, on admissibility and, in particular, on the concept of homogeneity, serial management and liquidation, competent court, publicity and non-retroactivity of the new provisions. The analysis focuses on doubts of constitutional legitimacy, proposes interpretative approaches and legislative and institutional changes, also in light of the first developing case law, bringing a novel and necessary constitutional lens, given the intimate link to fundamental principles such as the right to action but also that of fair trial, as well as the possibility of enforcing fundamental rights, too (rather than mere consumer ones) under said regime.

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The 2019 Italian Class Action Reform in an Integrating Constitutional Perspective

  • Ander Maglica

摘要

The mainly regulatory perspective from the previous Chapter is herein confirmed, with a specific focus on the Italian jurisdiction and, in particular, on the dual (injunctive and compensatory) class action model introduced in the Italian Code of civil procedure in 2019. The main characters of such a model are presented, highlighting the coordination challenges with other tools and aspects which appear most relevant under a constitutional perspective: i.e., the objective and subjective scope of application, stressing the key differences between the compensatory and injunctive remedy, rules on standing to sue and to be sued, on admissibility and, in particular, on the concept of homogeneity, serial management and liquidation, competent court, publicity and non-retroactivity of the new provisions. The analysis focuses on doubts of constitutional legitimacy, proposes interpretative approaches and legislative and institutional changes, also in light of the first developing case law, bringing a novel and necessary constitutional lens, given the intimate link to fundamental principles such as the right to action but also that of fair trial, as well as the possibility of enforcing fundamental rights, too (rather than mere consumer ones) under said regime.