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| Author | : Fabrizio Cafaggi |
| Publisher | : |
| Total Pages | : |
| Release | : 2007 |
| Genre | : |
| ISBN | : |
| Author | : W. H. van Boom |
| Publisher | : ISBS |
| Total Pages | : 274 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9789076871806 |
Recoge : 1. Collective private enforcement of consumer law. 2. Public and privatu transnational conforcemenment of EU consumer law. -- 3. Enforcement of consumers' collective interests by regulatory agencies in the Nordics countries. -- 4. The Dutcht consumer authority. -- 5. Enforcement of collective consumer interest : a competition law perspective. -- 6. Should consumer protection law be publicly enforced? An economic perspective on EC Regulation 2006/2004 and its implementattion in the consumer protection laws of the Member States. -- 7. Collectivism : evaluating the effectiveness of public and private models for regulating consumer protection. -- 8. Collective enforcement of consumer law in Europe ; private, public, and collective mechanisms.
| Author | : Hans-W. Micklitz |
| Publisher | : Springer |
| Total Pages | : 708 |
| Release | : 2018-07-06 |
| Genre | : Law |
| ISBN | : 3319784315 |
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
| Author | : Fabrizio Cafaggi |
| Publisher | : Intersentia NV |
| Total Pages | : 472 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : |
Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.
| Author | : Charlotte Pavillon |
| Publisher | : |
| Total Pages | : 19 |
| Release | : 2019 |
| Genre | : |
| ISBN | : |
Dutch consumers have at their disposal a whole arsenal of consumer rights, most of them being of European origin. The problem lies in the enforcement of those rights. Individual enforcement alone does not suffice insofar as the costs of proceedings are often higher than the amount at stake. This deters the consumer from invoking his rights. What is more, most consumers are unaware of their rights, despite the many information duties; national courts are therefore obliged to apply European consumer law of their own motion. But European and national legislation also provide for collective enforcement and redress mechanisms. In the Netherlands, these mechanisms are implemented in both administrative and civil law. This paper outlines the Dutch mix of collective enforcement mechanisms that applies to consumer issues. It also explores the shortcomings of the existing mechanisms and assesses to what extent recent legal amendments have remedied those drawbacks and insufficiencies. Finally it sheds some light on the future of collective enforcement in the Netherlands and more specifically on the proposed change of law regarding collective compensatory redress (July 2014).
| Author | : Mateja Durovic |
| Publisher | : Springer |
| Total Pages | : 97 |
| Release | : 2016-11-11 |
| Genre | : Political Science |
| ISBN | : 3319453122 |
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.
| Author | : Hans-W Micklitz |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 397 |
| Release | : 2023-12-14 |
| Genre | : Law |
| ISBN | : 1509963030 |
This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations. With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.
| Author | : Willem van Boom |
| Publisher | : Routledge |
| Total Pages | : 284 |
| Release | : 2016-02-11 |
| Genre | : Law |
| ISBN | : 1317033167 |
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.
| Author | : Dan Wei |
| Publisher | : Springer Nature |
| Total Pages | : 466 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 9811589488 |
This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers’ economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.
| Author | : Fabrizio Cafaggi |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
The paper analyses the relationship between administrative and judicial enforcement in Consumer Protection. It first sets out the European state of development with regard to injunctions, thereby focusing on the different models of the European group actions and the regulation of standing, as well as comparing ex post ante and ex post intervention. The second part reframes the European debate in the light of the US and Canadian experiences and formulates a whole set of policy options. In the final part we propose a set of policy recommendations that the Commission should consider in the process of reviewing the collective redress directive and more in general the European policies concerning collective redress.
