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

Author: Christian Twigg-Flesner

Publisher: Springer Science & Business Media

Published: 2011-11-16

Total Pages: 91

ISBN-13: 1461420474

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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.

EC Consumer Law Compendium
EC Consumer Law Compendium

Author: Hans Schulte-Nölke

Publisher: Walter de Gruyter

Published: 2009-04-27

Total Pages: 556

ISBN-13: 3866537247

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The EC Consumer Law Compendium presents the results of a wide-ranging study prepared for the European Commisison. This Compendium provides the reader with the necessary information for conducting pan-European cross-border consumer transactions. For the first time, the transposition of 8 key consumer directives (including those on sales, unfair terms, distance and doorstep selling as well as package travel and timeshare) into the national laws of all Member States is analyzed. The findings of this study reveal the substantial differences between the various national implementing measures as a result of utilising minimum harmonisation clauses and regulatory options.

EU Consumer Law and Policy
EU Consumer Law and Policy

Author: Stephen Weatherill

Publisher: Edward Elgar Pub

Published: 2013

Total Pages: 334

ISBN-13: 9780857936974

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Consumers are expected to benefit from the EU's 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. EU consumer law and policy is an attempt to have the best of both worlds - a liberalised yet properly regulated trading space for Europe. This new edition explores all facets of the EU's involvement in consumer law and policy and concludes with a newly written examination of the relationship between EU and national initiatives of market regulation - symbiosis or disruption?

The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective
The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective

Author: Ursula Pachl

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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From a broader policy point of view, introducing an optional regulatory tool with the aim of replacing national consumer law (itself based on EU legislation), even if only for cross-border contracts at first puts the entire raison d'être of the consumer law acquis into question. The harmonisation of EU consumer law has been one of the most successful flagships of European integration and has delivered tangible benefits and modern rights to consumers. Changing this regulatory policy by way of an experimental new tool which bears very clear and serious risks for consumers is undesirable. One of the many negative consequences of any such new policy approach is already apparent in relation to consumer contract rules for digital content products. As shown in point IV above, clarifying, updating and completing the existing acquis in order to provide solid rights for all European consumers in this area is both urgent and necessary. Yet the European Commission does not intend to put forward any “traditional” non-optional legislative initiative besides the proposed CESL. It gives the impression to trust business will step in by applying the optional instrument to provide for the necessary protection of European consumers. A short and mid-term strategy to promote cross-border consumer trade, established and implemented in a fully transparent and democratic process with the stakeholders, is necessary. Such a strategy is fleshed out in this paper.

European Consumer Access to Justice Revisited
European Consumer Access to Justice Revisited

Author: Stefan Wrbka

Publisher: Cambridge University Press

Published: 2014-11-20

Total Pages: 419

ISBN-13: 1316195228

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European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU – 'access to justice 2.0'.

The Law and Economics of Enforcing European Consumer Law
The Law and Economics of Enforcing European Consumer Law

Author: Dr Franziska Weber

Publisher: Ashgate Publishing, Ltd.

Published: 2014-05-28

Total Pages: 337

ISBN-13: 1472417062

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In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

From Coal and Steel to Consumer Protection. Beyond Cross-border Situations. 2 Vols
From Coal and Steel to Consumer Protection. Beyond Cross-border Situations. 2 Vols

Author:

Publisher:

Published: 2021

Total Pages: 1215

ISBN-13: 9789462405530

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This series aims to provide the readers an overview of the consumers? protection in EU law through the most relevant situations where the weaker parties normally are involved. Through the analysis of the sources of law, together with reports of landmark case law from the European Court of Justice as well, consumers will find a straightforward guide to learn about their rights in certain day-to-day situations, while the legal professionals, in general, can easily find a list of consumer laws and case law.00Consumer law is indeed one of the biggest and most actual areas of law that keeps growing up quickly because of the fast implementation of the services that are provided on the global market. The demand of new services has indeed become bigger day by day. This requires new providers as well and so new law to protect the consumers from abuses in an area where they are the weaker party. That is also why European Union has established a consumer policy programme for always better consumer protection.00The impact of EU Law on national systems of law is huge. Many national laws are indeed the application of EU secondary law, i.e. directives and regulations. At the same time, it is also important to always keep an eye on the European Court of Justice case law (ECJ). This series consists of multiple volumes. The first one is general and concerns the European law system and its legal basis, related to a general historical overview of consumer protection and the actual consumer policy.

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Comment

Author: Christian Twigg-Flesner

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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The development of European Union (EU) Consumer Law has reached an important watershed. After decades of piecemeal harmonisation of selected aspects of Consumer Law, it seems the moment has been reached where the future of EU Consumer Law may lie somewhere other than in further harmonisation of national law. The trigger has been the shift in responsibility for much of EU Consumer Law from DG SANCO to DG Justice following the appointment of a new Commission in 2009, and Commissioner Reding's willingness to open a debate as to where the priorities for EU Consumer Law should lie. Furthermore, after a period of uncertainty, it now seems that the work on the Common Frame of Reference on European Contract Law has resumed in earnest, and, more importantly, that this has once again been linked with the future development of EU Consumer Law. The Commission opened a broad debate about this in a Green Paper on Policy Options for Progress towards a European Contract Law for Consumers and Businesses in July 2010. This contribution will first take stock of the current situation regarding EU Consumer Law, before moving on to examine the various policy choices put forward in the Green Paper. It will be suggested that the overall focus for the future development of EU Consumer Law should be on cross-border transactions, and that further harmonisation of national consumer laws should be stopped.

EU Consumer Law
EU Consumer Law

Author: Paolisa Nebbia

Publisher: Oxford University Press on Demand

Published: 2004

Total Pages: 316

ISBN-13: 9781904501213

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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. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf.