EU Consumer Law and Policy

Author: Stephen Weatherill

Publisher: Edward Elgar Publishing

ISBN:

Category: Law

Page: 352

View: 106

Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.

Rethinking EU Consumer Law

Author: Geraint Howells

Publisher: Routledge

ISBN:

Category: Law

Page: 350

View: 239

In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.

Perspectives for European Consumer Law

Towards a Directive on Consumer Rights and Beyond

Author: Hans Schulte-Nölke

Publisher: Walter de Gruyter

ISBN:

Category: Law

Page: 189

View: 225

The forthcoming Directive on Consumer Rights is part of a far-reaching European development in the field of consumer law and general contract law. The European Commission has initiated the long expected broad shift to full harmonisation. This puts the national laws and all lawyers applying it under new challenges. In future, the Member States will be prohibited from deviations not only "downwards" but also "upwards". In particular the relation between (EC and national) consumer law and general contract law is under question. The Czech EU Presidency in the first half of 2009 gave the occasion for a conference organised by the Charles University, the Acquis Group and the Czech European Consumer Center at Prague. Leading contract law scholars, policy makers and stakeholders from across Europe put the Proposal under close scrutiny from political, legal and practical angles. This volume contains the results of the conference and thus responds to the question of the extent to which the Proposal offers indeed perspectives for European consumer law. It also contains a position paper elaborated by the Acquis Group in the aftermath of the conference which highlights strengths and weaknesses and suggests improvements of the Proposal.

A Cross-Border-Only Regulation for Consumer Transactions in the EU

A Fresh Approach to EU Consumer Law

Author: Christian Twigg-Flesner

Publisher: Springer Science & Business Media

ISBN:

Category: Law

Page: 76

View: 448

For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily—in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.

EU Consumer Law and Human Rights

Author: Iris Benohr

Publisher: Oxford University Press

ISBN:

Category: Law

Page: 239

View: 478

Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.

European Consumer Law

Author: Norbert Reich

Publisher: Intersentia Uitgevers N V

ISBN:

Category: Law

Page: 421

View: 305

In recent years, EU consumer law has been subject to spectacular decisions by the European Court of Justice, with important consequences for the private law of Member States. Currently, it is under scrutiny by the EC Commission, which has just published a proposal for the revision of important aspects of the EU consumer law acquis. The authors have taken a broad horizontal approach at the European acquis, thereby reflecting on the history, the achievements and also the shortcomings of EC law.

EU Consumer Law

Author: Paolisa Nebbia

Publisher: Oxford University Press on Demand

ISBN:

Category: Law

Page: 316

View: 360

The Treaty on the European Union for the first time provided an explicit legal basis for EU intervention and initiatives aimed at protecting consumer health and safety and promoting consumers' interests. EU Consumer Law charts the development of consumer protection law and policy in the context of legislation and case law, and provides a uniquely comprehensive analysis of all EU legislative measures affecting consumers. The book covers core areas in consumer protection such as product liability, labelling and consumer contracts, in addition to other areas of consumer interest such as pharmaceuticals, financial services and dangerous substances, insofar as they relate specifically to consumer issues.

Research Handbook on EU Consumer and Contract Law

Author: Christian Twigg-Flesner

Publisher: Edward Elgar Publishing

ISBN:

Category: Law

Page: 608

View: 942

Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. The Handbook is divided into three parts:

Implementing EU Consumer Rights by National Procedural Law

Luxembourg Report on European Procedural Law Volume II

Author: Burkhard Hess

Publisher: Beck/Hart

ISBN:

Category: Law

Page: 512

View: 144

EU consumer law affords a number of substantive rights to consumers. Often however, the protection of these rights is undermined as a consequence of the complexity and lack of knowledge in the Member States of EU consumer legislation and case law. This volume presents a comparative examination of the enforcement of these rights in the EU Member States, with an extensive empirical evaluation of national procedural rules and practices. Following a comprehensive assessment of the nature and characteristics of EU consumer law, the volume identifies and evaluates key procedural themes that shape the equivalent and effective protection of EU consumer rights in light of European Court of Justice case law. Alongside Impediments of National Procedural Law to the Free Movement of Judgments: Luxembourg Report on European Procedural Law Volume I, this volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, it examines the rules of civil procedure in all EU Member States, and identifies their impact on the protection of consumers under EU consumer law. This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation, civil justice and consumer protection, and will facilitate a better understanding of the impact of national procedural laws on the effectiveness of EU consumer protection.

European Commission's Directive on Consumer Rights and Its Application in the UK

Author: Samar Dehghan

Publisher:

ISBN:

Category:

Page: 20

View: 622

Seminar paper from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Manchester (School of Law), course: Sale and Supply of Goods Law, language: English, abstract: As a member state of the European Union, the United Kingdom is bound by the consumer protection directives of the EU and is required to implement them into domestic law. With the influence of EU law, domestic laws regarding consumers have expanded from their origination within the laws of contract and tort, into an independent area of law. This area of law is constantly developing and growing and has, most recently, led up to the proposal of a Consumer Rights Bill, which would cover all types of contracts under which goods are supplied. Although such a Bill would be quite beneficial, its drafting requires a number of obstacles to be overcome. This paper is aimed at outlining both the benefits and problems in drafting such legislation, only after a brief, but concise, summary of the events leading up to the proposal.

Implementing EU Consumer Rights by National Procedural Law

Luxembourg Report on European Procedural Law

Author: Burkhard Hess

Publisher: Beck/Hart

ISBN:

Category: Law

Page: 512

View: 711

EU consumer law affords a number of substantive rights to consumers. Often however, the protection of these rights is undermined as a consequence of the complexity and lack of knowledge in the Member States of EU consumer legislation and case law. This volume presents a comparative examination of the enforcement of these rights in the EU Member States, with an extensive empirical evaluation of national procedural rules and practices. Following a comprehensive assessment of the nature and characteristics of EU consumer law, the volume identifies and evaluates key procedural themes that shape the equivalent and effective protection of EU consumer rights in light of European Court of Justice case law. Alongside Impediments of National Procedural Law to the Free Movement of Judgments: Luxembourg Report on European Procedural Law Volume I, this volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, it examines the rules of civil procedure in all EU Member States, and identifies their impact on the protection of consumers under EU consumer law. This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation, civil justice and consumer protection, and will facilitate a better understanding of the impact of national procedural laws on the effectiveness of EU consumer protection.

European Consumer Protection

Theory and Practice

Author: James Devenney

Publisher: Cambridge University Press

ISBN:

Category: Law

Page:

View: 585

This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.

Understanding EU Consumer Law

Author: Hans-W. Micklitz

Publisher: Intersentia Uitgevers N V

ISBN:

Category: Law

Page: 378

View: 771

"Consumer law now constitutes a separate subject matter which the authors Hans-W. Micklitz and Norbert Reich tried to analyse in ... the fourth German edition of 'Europäisches Verbraucherrecht' of 2003... For the English edition, the authors, in cooperation with the publisher, decided to prepare a comprehensive version which we call 'Understanding European Consumer Law'..."--P. v.

Implementing EU Consumer Rights by National Procedural Law

Author: Burkhard Hess

Publisher:

ISBN:

Category: Consumer protection

Page: 637

View: 627

Resumen del editor: EU consumer law affords a number of substantive rights to consumers. Often however, the protection of these rights is undermined as a consequence of the complexity and lack of knowledge in the Member States of EU consumer legislation and case law. This volume presents a comparative examination of the enforcement of these rights in the EU Member States, with an extensive empirical evaluation of national procedural rules and practices. Following a comprehensive assessment of the nature and characteristics of EU consumer law, the volume identifies and evaluates key procedural themes that shape the equivalent and effective protection of EU consumer rights in light of European Court of Justice case law.Alongside The Luxembourg Report on European Procedural Law, Volume I: The Impact of National Procedural Laws and Practices on Mutual Trust and the Free Circulation of Judgments, the volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, examines the rules of civil procedure in all EU Member States, and identifies their impact on the protection of consumers under EU consumer law.

European Consumer Access to Justice Revisited

Author: Stefan Wrbka

Publisher: Cambridge University Press

ISBN:

Category: Law

Page: 416

View: 246

What is European consumer access to justice, and how can we improve it by means of procedural and substantive laws?

A Casebook on European Consumer Law

Author: Reiner Schulze

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 296

View: 483

European consumer law has become a vital part of both legal education and practice. This Casebook details the most fundamental judgments of the Court of Justice on consumer law to date and their effect on national legal systems. It contains twenty leading European cases and is then followed by concise analyses of the effect of these decisions on some of the national legal systems of the Member States,and how national legislatures and national courts have reacted to this ever burgeoning area of European law. The focus of the book is private law, including consumer contracts, advertisement law, European product liability and consumer dispute resolutions. The Casebook is an essential guide for students and practitioners alike. It provides the reader with an overview of the most important cases and analyses in the area of European consumer law on both European and national levels. The editors and contributors to the country reports are members of the EU- funded research network 'Common Principles of European Private Law'.

EU Consumer Rights Directive

getting it right , 18th report of session 2008-09, Vol. 1: Report

Author: Great Britain: Parliament: House of Lords: European Union Committee

Publisher: The Stationery Office

ISBN:

Category: Business & Economics

Page: 59

View: 197

A review of the existing body of EU consumer law (known as the consumer acquis) culminated in the European Commission's publication of a draft Directive on consumer rights, proposing to replace four of the existing Directives making up the consumer acquis. The draft Directive's aim is to simplify the existing regulatory framework and provide for a real business-to-consumer internal market, balancing a high level of consumer protection with the competitiveness of enterprises. The Committee recommends that the Government withholds agreement from the proposal as drafted. It are unconvinced that it will deliver the desired boost in trade across borders and it may reduce the overall level of protection currently afforded to consumers. Further progress on the Directive should await a more complete impact assessment, addressing issues such as the lack of concrete statistics underpinning this proposal and the exclusion of digital goods and pure services from its scope. The Committee agrees that there is a need to update the existing Directives, not least due to inconsistencies between them over key definitions and the fragmentation of the business-to-consumer internal market that has resulted from Member States being able to introduce provisions that go beyond the minimum set down in the Directives. The Commission's solution is to apply the principle of "full harmonisation", but the Committee would prefer to see a more targeted use of this principle, harmonising certain aspects but allowing Member States room for manoeuvre in other areas.

The Images of the Consumer in EU Law

Legislation, Free Movement and Competition Law

Author: Dorota Leczykiewicz

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 488

View: 280

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.

Internationalization of Consumer Law

A Game Changer

Author: Mateja Durovic

Publisher: Springer

ISBN:

Category: Political Science

Page: 89

View: 292

This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.

The European Unfair Commercial Practices Directive

Impact, Enforcement Strategies and National Legal Systems

Author: Willem van Boom

Publisher: Routledge

ISBN:

Category: Law

Page: 284

View: 686

One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.