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The Law And Economics Of Enforcing European Consumer Law

Author: Franziska Weber
Publisher: Routledge
ISBN: 1317026144
Size: 21.57 MB
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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.

The European Unfair Commercial Practices Directive

Author: Willem van Boom
Publisher: Routledge
ISBN: 1317033159
Size: 80.45 MB
Format: PDF, Mobi
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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.

European Consumer Law Paperback

Author: NORBERT. REICH
Publisher: Intersentia
ISBN: 9781780684598
Size: 74.99 MB
Format: PDF, Docs
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Now available in paperback! European consumer law is the core of European civil law. In recent years, it has been subject to spectacular decisions by the Court of Justice of the European Union (CJEU), with significant consequences for Member States' law. This thoroughly updated second edition follows and analyzes this process in such important areas as unfair commercial practices, unfair terms, cross-border consumer protection, and product liability. The very concept of consumer and consumer protection has been subject to intense debate. Does European law limit itself to the 'informed consumer standard, ' or should the 'weaker' or even the 'vulnerable consumer standard' be given more attention? There has been legislation in the area of consumer rights in distance and off-premise contracts and, very recently, consumer alternative dispute resolution and online dispute resolution. Other projects are still in the pipeline, e.g. mortgage credit, while other projects are subject to heated controversy, namely the proposed optional Common European Sales Law, which will affect consumer law. The original team of authors-Hans W.-Micklitz, Norbert Reich, and Peter Rott-have been strengthened by the addition of Klaus Tonner. They have worked together to take a broad horizontal approach to the European consumer law acquis, thereby reflecting on the history, achievements, recent trends, and shortcomings of European law in this important field of law. The change from 'minimum' to 'full' or 'targeted harmonization' is critically analyzed, and the central role of the CJEU is documented and emphasized. (Series: Ius Communitatis, Vol. 5) [Subject: European Law, Consumer Law, Civil Law

The Interaction Of Contract Law And Tort And Property Law In Europe

Author: Christian von Bar
Publisher: sellier. european law publ.
ISBN: 3935808208
Size: 43.91 MB
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Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Understanding Eu Law

Author: Norbert Reich
Publisher: Intersentia nv
ISBN: 9050953247
Size: 21.10 MB
Format: PDF, Mobi
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This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.

The Foundations And Future Of Financial Regulation

Author: Mads Andenas
Publisher: Routledge
ISBN: 113504337X
Size: 80.51 MB
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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

Ec Consumer Law Compendium

Author: Hans Schulte-Nölke
Publisher: Walter de Gruyter
ISBN: 3866537247
Size: 30.85 MB
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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.

Consumer Law And Policy

Author: Iain Ramsay
Publisher: Bloomsbury Publishing
ISBN: 1782250247
Size: 64.78 MB
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This new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.