What are collective disputes

Institute KOLEKTIV 99 focuses its activities on the collective protection and enforcement of the rights of individuals. Programs and projects to raise the awareness of individuals about their rights are intended for the preventive protection of their rights that is to inform individuals about their rights and to reduce and prevent situations where there would be mass violations of the rights of individuals.

An important part of the institute's activities is also the collective exercise of rights in the name and on behalf of individuals. Institute KOLEKTIV 99 serves as a platform for the collective exercise of the rights of individuals against economic entities or individuals whose actions violate the applicable regulations in the field of operation of the institute, thereby harming the well-being of individuals or even harm them by their actions.

In 2018, the Slovenian legal order became richer for the possibility of collectively exercising the rights of individuals through the institute of collective dispute, which is regulated by the Collective Actions Act.This legitimized the possibility for a court to resolve in a single judgment all claims concerning the same, similar or related factual or legal issues and relating to the same case of mass damage.

The main advantage of such disputes for the individual is that they allow the individual access to court even in cases when it would not pay off for the individual in an individual case (because it goes e.g. for such a violation of his or her rights that exercising them at the level of the individual would lead to excessive costs compared to the possible outcome). In addition to the above, such disputes also have a positive impact on the legal system as a whole, as they can lead to a lower workload of the courts (as several disputes merge into one) furthermore, they also put pressure on economic operators not to go unpunished for their inconsistent and often illegal actions.

Such disputes are widespread in the United States, in Europe, however, they have only become relevant in recent years, when more and more countries have adapted their legislation to make it possible. Slovenia is one of the leading European countries, as it has implemented European regulations into the Slovenian legal order by providing groups of individuals with wide opportunities to exercise their rights in groups.

There are two basic forms of collective dispute, namely:

  • disputes under the opt-in system, (opt-in sistem)when an individual must explicitly state that he or she joins a group which collectively exercises its rights
  • disputes under the opt-out system, in which individuals with certain common characteristics are usually included in the group, unless they declare within a certain period and in the prescribed manner that they do not want to be part of the group and do not want to participate in an individual collective dispute.

The decision as to which of the forms will be used in an individual dispute is made by the court. Individuals are informed about the decision of the court and about the rules and manner of cooperation in the manner determined by the court. You will be regularly and promptly informed about disputes in which the rights of individuals will be exercised by the Institute KOLEKTIV 99 on the institute's website and in other ways that will be prescribed for an individual case.

At this stage, from the point of view of the individual, it is only essential that individuals do not incur any costs by participating in a group dispute.Thus, an individual can only benefit from participating in a collective action. The management of the dispute, the organization of legal representation and the actual representation are fully performed by the Institute KOLEKTIV 99, which informs you about the course of the dispute and the final outcome of an individual dispute in the prescribed manner.