12 research outputs found
The Main Problems in the Transposition of the Mortgage Credit Directive into Hungarian and Czech Law
Consumer ADR after Implementation of the ADR Directive: Enforcing European Consumer Rights at the Detriment of European Consumer Law
Contract and Consumer Law
This chapter aims to give an overview of the contractual issues that have arisen in relation to the use of data. Since the use of data has far-reaching consequences for consumer markets, the chapter focuses on issues that have arisen in those markets and the regulatory responses that have emerged, or are emerging, in consumer law. It considers in particular what effects the use of data has on the autonomy of contracting parties and on the balance of contractual fairness, and examines three more specific issues for consumer contract law, namely transparency, payment with data, and the question whether the ‘consumer’ concept needs adjusting. The focus of this chapter is mainly on the EU, with occasional references to the US, seeing that Europe has developed a fairly coherent regime of harmonised consumer contract law that in many aspects already applies to data-related contracts
More Than Lawyers: The Legal and Ethical Implications of Counseling Clients on Nonlegal Considerations
United We Stand, Divided We Fall? Collective Redress in the EU, its Lack of Regulation in EU Procedural Law, and Its Impact on the Insurance Sector
Administrative and Judicial Collective Enforcement of Consumer Law in the US and the European Community
In the consumer society, as it stands today in Western-type democracies, consumers
have a far larger choice of products and services originating from all over the world
than they did decades ago. Risks associated with products and services have also
increased, as have mass problems and mass damages, often in a transborder dimension.
The US and the European Community, though battling against common problems,
maintain different standard setting and enforcement regimes. This paper focuses on
enforcement regimes, thereby distinguishing between administrative enforcement via
agencies and judicial collective enforcement via European collective actions and US
class actions. The existing theoretical framework depicting administrative and judicial
enforcement as alternative strategies is contrasted against modern developments in the
US and the EC.
In the field of consumer protection administrative control and judicial collective
enforcement are being understood more as functional complements than alternatives.
Enforcement covers negotiation, settlement, adjudication and arbitration. The analysis
of the institutional variables determining the choice between administrative and judicial
control – ex ante vs. ex post control, injunctive relief versus damages, personal injuries
and economic losses, sector specificity vs. general instruments to protect consumers,
public agencies vs. private organisations – provide the ground for preliminary thoughts
on a revised theoretical approach