Enforcement privado y la autorregulación: nuevas perspectivas de protección

This essay is inspired by the rise of juridical particularisms, what might be called a new, genuine “feudalism” of remedies and jurisdictions. Indeed, the introduction of several diverse regulatory bodies with heterogeneous powers and functions, the so-called Authorities, is is leading to an overlap of the various judicial remedies and competences. The significant challenges, resulting from the market development and from the new emerging tools and technology, despite the complexity of such subjects and the critical issues related thereto, open up new horizons of private enforcement. State law inevitably results inadequate with regard to these fields, as well as to others. Thus, private enforcement is called on to play a crucial role, as it serves as a tool which applies in the absolute majority of cases. In this context, deregulation, self-regulation and regulation through the application of the default rule seem to be the natural result of a judicial development rather than the ultimate outcome of a deliberate choice by the Institutions.