The Consumerism and Consumer Protection Policies In the European Community (original) (raw)

Consumer policy in the European Community: Before and after Maastricht

Journal of Consumer Policy, 1993

The purpose of this paper is to examine the extent to which the Treaty on European Union agreed at Maastricht will alter European Community consumer protection law and policy. Two aspects of the Treaty have attracted most interest from the consumer viewpoint: the potential forward impetus resulting from the inclusion in the Treaty of a specific Title devoted to consumer protection and the potential reverse impetus of the principle of subsidiarity. The paper surveys the broad scope of Community consumer protection law and policy and analyses subsidiarity as a means for sharpening the debate about responsibility for regulating the Community, not as a basis for renationalisation of Community competence. The paper attempts to build alongside the process of market integration a set of enforceable consumer rights to market regulation. This, more than the new Title, could give real shape to the notion of consumer rights, which in the earlier development of Community law has arisen only in the context of the consumer as the passive beneficiary of free trade.

Introduction: Re-Shaping Consumer Policy in Europe Enabling Consumers to Act?

German Policy Studies, 2008

Consumer policy used to be an appendix to market integration in Europe. In the meantime the European Commission has turned consumer protection into a tool to boost the European Union's reputation. Be it new regulations on mobile phone tariffs, be it regulatory threats to energy companies: the Commission seeks to act on behalf of consumers to dilute the image of business friendly deregulation. Although there are still national paths to consumer protection it is the Commission that longs for a comprehensive policy at the European level. Is this still part of the Commission's drive for economic integration? Or is consumer policy facing its own renewal throughout Europe, with subjects like food safety, obesity or smoking as most salient issues? This special issue of German Policy Studies sheds light on ongoing trends in European consumer protection, both at national and European level. Following Majone (1996), integration by law is the European way of regulatory politics. A lot of legal scholars agree that EC competition law and contract law have paved the way to harmonising consumer policy throughout Europe (Micklitz 2004; Stuyck 2005). From the perspective of political science, questions on convergence turn up. Research has revealed that three models of consumer protection shape Western democracies: the protection model, the information

INSTITUTIONAL SYSTEMS OF CONSUMER PROTECTION IN THE EUROPEAN UNION

2012

The study is dealing with–a less researched field of consumer protection-mapping the institutional systems of consumer protection and their judgement made by the population. It analyzes the institutional systems of consumer protection of Hungary, the United Kingdom and Germany as typical examples of the three specific institutional structures. The study demonstrates the European practice of governmental subsidies in consumer protection.

Standards of Protection: In Search of the 'Average Consumer' of EU Law in the Proposal for a Consumer Rights Directive

In EU free movements regulation, the average consumer is regarded as someone who is ‘reasonably circumspect’ and able to look after his own interests. National legislation aiming at offering a higher degree of protection is often struck down, in this light, as creating unjustified barriers to trade. In contrast, Directives aimed at harmonisation of consumer contract law generally take a very consumer-friendly stance, imposing a higher level of consumer protection than the free movements regulation would allow. The result is a discrepancy in the underlying framework for regulation in the Internal Market and, consequently, uncertainty for businesses and consumers operating in that market. This paper considers whether the review of the consumer acquis, in particular the proposal for a Consumer Rights Directive, should open the way for aligning the ‘average consumer’ notion from the Directives with the benchmark set in EU law in order to ensure greater legal certainty. To that end, it f...

Is Consumer Welfare Obsolete? A European Union Competition Perspective*

2021

in 2005, the European Commission advocated for a more economic approach to enforcing competition laws. The sole criterion for assessing the lawfulness of a market practice should be the appraisal of its net effects on consumer welfare. The Court of Justice was reluctant to adopt such an approach until its 2017 Intel Judgment. Its endorsement—which is debatable insofar as the judgment may give rise to different interpretations—may appear paradoxical in that it is concomitant with a sharp challenge to the consumer welfare criterion in the United States. The purpose of this article is to retrace the history of this criterion, particularly its adoption in the context of eu competition law. We aim to show that the criticisms of the effects-based approach can be addressed not by moving away from the consumer welfare criterion but by integrating it into a broader perspective that also takes into account the protection of the competition process itself.

European Consumer Law after the New Deal: A Tryptich

Yearbook of European Law, 2020

In 2018/2019, EU private law experienced one of the most vigorous and meaningful changes in its evolution so far. The prominence of this alteration does not rest solely on the number of new rules, but-more importantly-on the substantially new perspective on economic and social tasks of European private law. The reform encompassed three core areas: consumer protection, sustainability and digital commerce. The paper seeks to better understand the transformative task of private law in the social and economic realm. The protection of the environment, on the one hand, and the informational autonomy and privacy, on the other, provide a new type of challenge for the existing agenda of private law, reaching beyond economic efficiency as its ultimate goal. Finally, the emergence of digitalization and sustainability as the new domains of private law reinvigorates the question of to what extent the European private law should directly engage itself in pursuing the social and economic agenda. The 2018/2019 legislation opened a new chapter in this discussion, facing private law with a new genre of tasks, which traditionally belonged to the domain of public ordering. The paper seeks to unpack the essence of this change by focusing on three intertwined issues: vulnerability, autonomy, and regulation. Mingled together they seem to form the backbone of the reform, which seems to provide an in-depth subversion of the existing conceptual structures of EU consumer law.

Comparative Aspects Regarding Consumption and Consumers in European Countries

Consumers are considered, within the European vision, the “life force” of the economy. Although the technological means are increasingly available, both European SMEs and consumers are still suspicious of conducting cross-border trade. Single European market has the potential to become the largest market in the world. Currently, it remains largely fragmented along national borders, forming 27 mini-markets. The European Commission’s aim is to achieve a more integrated internal market such that consumers from each Member State have an equally high level of confidence in products, traders, selling methods, as well as consumer protection – no matter where they decide to make their purchases within the EU. The paper presents a secondary analysis of data regarding the many differences in terms of Europeans’ consumption patterns for different product categories (as a percentage of total expenditures). For example, the share of household budget used to purchase food is highest in our countr...

The specificities of modern consumer society in the European Union

Przegląd Europejski 4/2019, 2019

The article aims to analyse the specificities of modern consumer society in the European Union and, therefore, it presents the genesis and the essence of consumer society development in Europe. It points to the idea of consumer society in terms of economy, politics, sociology, and philosophy. The specificities of the modern consumer society in the European Union are influenced by legislative processes in regard to the economical safety of consumers including safety of goods in terms of information, education, and redress, with special regard to cross-border transactions. The article presents the definition of consumer ethics and the specifics of certain ethical norms connected with the purchase process, what have evolved together with the development of consumer society in the EU. Uwarunkowania współczesnego społeczeństwa konsumpcyjnego w Unii Europejskiej Streszczenie Artykuł ma na celu dokonanie syntezy uwarunkowań funkcjonowania współczesnego społeczeń-stwa konsumpcyjnego w Unii Europejskiej. Przedstawiono genezę oraz istotę rozwoju społeczeń-stwa konsumpcyjnego w Europie. Wskazano na definicję społeczeństwa konsumpcyjnego w ujęciu ekonomiczno-politycznym i socjologiczno-filozoficznym. Na uwarunkowania współczesnego społeczeństwa konsumpcyjnego Unii Europejskiej wpływają procesy prawotwórcze w zakresie ochrony bezpieczeństwa ekonomicznego konsumentów, w tym bezpieczeństwa towarów, w zakre-sie informacyjnym i edukacyjnym oraz w zakresie systemu dochodzenia roszczeń, ze szczególnym uwzględnieniem zakupów transgranicznych. W artykule zdefiniowano pojęcie etyki konsumenckiej oraz określono, że wraz z rozwojem społeczeństwa konsumenckiego w Unii Europejskiej wykształ-ciły się specyficzne normy etyczne związane z procesem nabywczym. Słowa kluczowe: etyka konsumencka, polityka konsumencka, społeczeństwo konsumpcyjne, Unia Europejska, uwarunkowania.