Problems of the Group Action in Lithuanian Civil Procedure
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Abstract
The article deals with some questions and problems concerning group action: conception of the group action, relationship between the group action and joinder of parties, significance of the group action in the defence of the public interest, compatibility of models of civil procedure and group actions, group actions’ procedure models, advantages of group actions in comparison with individual procedure model, problem of the group representative, the role of public organizations in defence of group rights and interests.
Some problems of civil procedure model compatibility with the idea of group action are also analyzed.
Analysis of enumerated problems is based on doctrines of group action, developed in foreign countries and on legal enactments and court practice of these countries.
Group action institute is new in Lithuanian law system and is not widely investigated. It was set only in the Code of Civil procedure of the Republic of Lithuania of 2002 in article 49, part 5 stating that in order to defend public interest the group action can be brought. However, none of such actions has been brought. The reason for this is not only lack of experience, but also insufficient regulation of group action procedure. Individualistic litigation model is fixed in the Code of Civil procedure of the Republic of Lithuania, for the private persons has no possibility to bring group action for defending of public interest as the application to court regarding defence of public interest on behalf of the state can be presented only by a prosecutor or other institution authorized by the laws; in addition, group action can only be brought to defend public but not group private interests. Such provisions do not correspond to the concept of group actions and legal acts of other states and courts practice and such regulation narrows the potential of group action institute to defend public interest in Lithuania.
We believe that group action procedure can effectively and in wider extent execute the functions of public interest defense due to the following reasons: 1) it expands accessibility of judicial defense (principle of access to justice); 2) group action procedure is more concentrated, effective and economical (procedure concentration and economy principles); 3) it ensures equal possibilities for the parties to use procedural rights (procedural equality, party presentation principles); 4) it expands the circle of subjects able to defend public interest; 5) public interest defense would not depend any longer upon state or public institutions or prosecutor as group action procedure grants the private persons‘ possibility for public interest defense; 6) positive social effect is reached as both public and private interests are defended at one time.
Some problems of civil procedure model compatibility with the idea of group action are also analyzed.
Analysis of enumerated problems is based on doctrines of group action, developed in foreign countries and on legal enactments and court practice of these countries.
Group action institute is new in Lithuanian law system and is not widely investigated. It was set only in the Code of Civil procedure of the Republic of Lithuania of 2002 in article 49, part 5 stating that in order to defend public interest the group action can be brought. However, none of such actions has been brought. The reason for this is not only lack of experience, but also insufficient regulation of group action procedure. Individualistic litigation model is fixed in the Code of Civil procedure of the Republic of Lithuania, for the private persons has no possibility to bring group action for defending of public interest as the application to court regarding defence of public interest on behalf of the state can be presented only by a prosecutor or other institution authorized by the laws; in addition, group action can only be brought to defend public but not group private interests. Such provisions do not correspond to the concept of group actions and legal acts of other states and courts practice and such regulation narrows the potential of group action institute to defend public interest in Lithuania.
We believe that group action procedure can effectively and in wider extent execute the functions of public interest defense due to the following reasons: 1) it expands accessibility of judicial defense (principle of access to justice); 2) group action procedure is more concentrated, effective and economical (procedure concentration and economy principles); 3) it ensures equal possibilities for the parties to use procedural rights (procedural equality, party presentation principles); 4) it expands the circle of subjects able to defend public interest; 5) public interest defense would not depend any longer upon state or public institutions or prosecutor as group action procedure grants the private persons‘ possibility for public interest defense; 6) positive social effect is reached as both public and private interests are defended at one time.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
