The italian Class aCtion: new remedy for Consumer ProteCtion or useless solution against mass torts?

The study presents survey on the existing legislation on class actions based on the concept of juridification developed by Ha- bermas (1987) and focused on the Italian legal framework. It refers to the research on regula- tory framework in the process, using a compa- rative method referring to the US model and the Italian one. The study is mainly focused on the Italian regulation, employing a framework to understand if extant regulation for the class action is operable and amenable to substantive justification and thereby able to afford effective consumer rights protection by focusing on the problem of structural coupling of the law with social state policies and various real life areas. The conclusion highlights the limits of the com- plex system of rules of Italy, providing a critical reflection based on the positive aspects of this Regulation and the areas of intervention and improvement.