THE MODERN CONCEPT OF REPRESENTATIVE ACTIONS UNDER DIRECTIVE 2020/1828 – ACTIO POPULARIS OR CLASS ACTIONS?
THE MODERN CONCEPT OF REPRESENTATIVE ACTIONS UNDER DIRECTIVE 2020/1828 – ACTIO POPULARIS OR CLASS ACTIONS?

Summary/Abstract: While it is often argued that the origins of modern collective actions can be traced back to group proceedings in medieval England (and Anglo-Saxon law more broadly), it is clear that the concept was modified upon its return to Europe from the USA to align with European traditions and the prevailing understanding regarding the protection of collective or public interests in litigation. The complex interaction between the concept of the American class action proceedings and the European tradition (resp. between the idea of protecting multiple private rights vs. protecting public or collective interests) continues in the context of the adoption of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers. The so-called representative actions incorporate elements from both American class action proceedings and traditional European remedies aimed at protecting public interests (actio popularis). The article examines these elements to draw conclusions about the legal nature of representative actions and to assess their role within the Bulgarian legal system in light of the transposition of Directive (EU) 2020/1828.

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