International Perspectives on Consumers' Access to Justice (Cambridge: Cambridge University Press) 2003 (original) (raw)

THE IMPACT OF EUROPEAN CONSUMER LAW IN THE UNITED KINGDOM

Journal of Consumer Studies and Home Economics, 1981

In this paper the authors describe the consequences of European consumer law for British consumers.' After an analysis of Some of the difficulties which have been faced by the United Kingdom in coming to terms with its new-found status within a federal system, the article goes on to describe the progress which has been made with the programme of implementation. The third part looks at some EEC proposals which are in the pipeline at the moment and comments on some of the consequences which the prospect of EEC legislation can have for domestic reform. Finally, the authors examine the actual enforcement of EEC consumer law through the criminal process and the effects upon civil processes.

The Great Transformation; Administrative and Judicial Enforcement in Consumer Protection: A Remedial Perspective

Loyola Consumer Law Review, 2009

See Fabrizio Cafaggi and Hans Micklitz, The Way Forward, in NEW FRONTIERS OF CONSUMER PROTECTION, pp. 383 ff. (Fabrizio Cafaggi & Hans. Mcklitz, eds., Kluwer, 2009). ' ICT has increased the level of trade between enterprises and consumers and modified consumers' choices. ICT has also contributed to modify enforcement policies both by adopting spec ific ones for e-commece transactions and expanding the scope of ADR. Concerning the use of ICT in consumer transactions see Euro. Comm., Consumer Protection In The Internal Market, Special Eurobarometer (Oct. 2oo8), available at http://ec.europa.eu/public-opinion/archives/ ebs/ebs_298_en.pdf. According to the research, 33% of consumers in the EU27 have purchased goods or services via the nternet in the last 12 months, either in their home country or elsewhere (up from 27% in 2006, EU25). There is a significant variation in this figure at country level: 68% of individuals in the Netherlands have made an online purchase in the past 12 months, while this is true for just 4% of Bulgarians. 30% of EU consumers have made such a purchase from a retailer in their own country, while 7% have made an online purchase from a seller or provider in another EU country. For a broader analysis see NEW FRONTIERS OF CONSUMER PROTECTION 383 (Fabrizio Cafaggi & Hans "Micklitz, eds., Kluwer, 20o9) [hereinafter NEW FRONTIERS OF CONSUMER PROTECTION].

The Consumer Rights Act 2015 - a bastion of European consumer rights?

Legal Studies

The Consumer Rights Act 2015 seeks to consolidate in one place key consumer rights covering contracts for goods, services and digital content, and the law relating to unfair terms in consumer contracts. These are areas where there has been considerable activity at both a national and an EU level. In particular, the Consumer Sales Directive 99/44/EC, the Unfair Terms in Consumer Contracts Directive 93/13/EEC and the Consumer Rights Directive 2011/83/EU have all made significant changes to Member State law, promoting the idea of the ‘informed consumer’, able to assert his or her rights in entering consumer contracts. This paper will examine the extent to which the Act promotes the objectives of these Directives and the implications of the result of the June 2016 referendum that the UK should leave the EU. Does the Consumer Rights Act 2015 represent a valuable consolidation of EU and UK consumer policy, or are EU rights being absorbed into a distinctive national framework of consumer r...

" THE SERF OF MODERN SOCIETY IS THE CONSUMER " AN ANALYSIS OF CHALLENGES FACED BY CONSUMER PROTECTION ACT.3

Consumerism today has become an international force. The nuance of consumer protection, fulfillment of consumer aspirations and satisfaction is now recognized as an integral component of each and every welfare oriented economic development process. It is now over a decade since the Consumer Protection Act, 1986 was passed after year of lobbying by the various consumer organizations. The redressal machinery, however, is not fully satisfactory. The number of cases pending in the district forums is piling high. Unless consumer groups take determined action to see that the institutions set up for their protection work effectively, the redressal agencies will go the way of civil courts, where litigants have to wait for years and spend fortunes for the settlements of their disputes.

Administrative and Judicial Enforcement in Consumer Protection: The Way Forward

SSRN Electronic Journal, 2008

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Redress for Consumers in terms of the Consumer Protection Act 68 of 2008: A Comparative Discussion

Journal of International Commercial Law and Technology

The Consumer Protection Act 68 of 2008 1 is a groundbreaking piece of legislation in the realm of not only South African consumer law but also the South African law of contract. What is more, the Act also has worldwide implications as foreign companies selling goods and services in South African consumer markets will have to comply with the new legislation. In Part 1 of this paper, the avenues of redress available to the consumer in terms of the Act and the possible practical problems pertaining thereto are discussed. Part 2 deals with redress for consumers in terms of the European Union and relevant aspects of redress in the Spanish legal system. Part 3 is a comparative conclusion with regards to redress issues for consumers generally.

The bright and adventurous future of consumer law research

Research Methods in Consumer Law, 2018

For decades, consumer law has been the stepchild of the legal discipline, neither public nor private law, not classic but post-modern, not 'legal enough', 'too political', in short, a discipline at the margins, suffering from the haut gout and striving to change society through law for the 'better'. Just like Atreyu, Frodo Baggins, Luke Skywalker, the Ghostbusters, Naruto Uzumaki, Dreamworks' dragon trainer, and many others, consumer law is the underdog carrying the burden of saving the day. Times are changing. We are perhaps reaching the point of the story where the world comes to understand the real value of consumer law in a society that is dominated and dependent on private consumption. Publishing houses and ever more numerous researchers from public and private law perspectives, working on national, European and international law are getting into what is no longer a new legal field. Now the time is ripe for a whole Handbook on Consumer Law Research which brings methodology to the fore. This first chapter pursues three aims, firstly to embed consumer law research into the overall development of legal research since the rise of consumer law in the 1960s, secondly to explain our choice to focus on the behavioural turn in consumer law and present the range of contributions in this volume that engage with the upcoming strand of research, thirdly to explore how the recent attention to behavioural insights can be combined with a pre-existing body of doctrinal research and social legal research in consumer law and outline avenues for further research.

Consumer Rights: An Assessment of Justice

Journal of Business Ethics, 2013

For the last 50 years the idea of consumer rights has formed an essential element in the formulation of policy to guide the workings of the marketplace. The extent and coverage of these rights has evolved and changed over time, yet there has been no comprehensive analysis as to the purpose and scope of consumer rights. In moral and ethical philosophy, rights are integrally linked to the notion of justice. By reassessing consumer rights through a justice-based framework, a number of key issues emerge regarding the way in which markets enable justice for consumers. The consumer rights which underpin the United Nations consumer protection guidelines address all forms of justice to some degree, but the predominant focus is on procedural justice. Our conclusions question whether this is sufficient and also whether there is a case to develop the notion of consumer ‘duties’ that complement the idea of rights.