Professor Javier Orduña, Of Counsel at Tomarial, has published in the The Law newspaper an article titled: "The Draft Law on representative actions for the protection of the collective interests of consumers: the unnecessary creation of a new public registry". As stated in the summary of this publication, it "analyzes the lack of opportunity and convenience regarding the future creation of a new Public Registry for the registration of representative actions. Said analysis is carried out from the modern methodology that starts from the harmonization framework of the Directive 93/13 / EEC as a systematic and standardized European area, especially in accordance with the principle of effectiveness and its due projection in the new media or measures to raise the level of protection of consumers and users.»
Javier Orduña, Professor of Civil Law at the University of Valencia and former Supreme Court magistrate, is recognized as one of the most innovative jurists in the field of private law and enjoys enormous academic prestige at a European level. He has published twenty legal monographs and has directed fifteen national and international research projects.
In this recent publication, Javier Orduña addresses a novel subject and concludes that «the current Register of General Contracting Conditions must be valued as a fully consistent and effective legal instrument in accordance with the requirements derived from the harmonization framework of the Directive. Therefore, the creation of a new Registry would entail a dysfunction, both operational and technical, with the current system followed by the Spanish legislator in the transposition of Directive 93/13. Hence its lack of opportunity and convenience. In consecuense, The recommendation is to improve the current Register of General Contracting Conditions both as a tool for coordinating judicial activity, especially promoting its digitization, and as a study and analysis tool for the sake of better application of the harmonization framework of Directive 93/ 13/EEC.»