European Consumer Protection : Theory and Practice.
This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions.
| 第一著者: | |
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| その他の著者: | |
| フォーマット: | Licensed eBooks |
| 言語: | 英語 |
| 出版事項: |
Cambridge :
Cambridge University Press,
2012.
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| オンライン･アクセス: | https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&AN=443656 |
目次:
- Cover; EUROPEAN CONSUMER PROTECTION; Title; Copyright; CONTENTS; PREFACE; PART I: Consumer protection strategies and mechanisms in the EU; 1: From minimal to full to 'half' harmonisation; 2: Comment: the future of EU consumer law
- the end of harmonisation?; A brief history of EU consumer law; A change of direction?; The case for a cross-border-only regulation for consumer transactions; Concluding comment; POSTSCRIPT; 3: Two levels, one standard? The multi-level regulation of consumer protection in Europe; Introduction; The double-headed standard of consumer protection; Two levels.
- Legislative competenceThe regulatory framework of the EU financial market; Limitations of the acquis in financial services law; The ECJ: law-maker or deal-breaker?; One standard?; Consumer interests in domestic and cross-border contexts; The reference consumer ́in cross-border financial services transactions; Conclusion; 4: A modernisation for European consumer law?; European consumer law between state and market; Self and co-regulation in consumer protection; The new legislative framework; Unfamiliarity of consumer organisations; Lack of awareness.
- Consumer organisations that are not yet organisedInsufficient recognition by national standards bodies; Funding; Collective private enforcement; Enforcement networks; Conclusion; 5: Effective enforcement of consumer law: the comeback of public law and criminal law; Introduction; Why enforcement of EU consumer law?; The formal argument: the principle of effectiveness; The substantive argument: the EU-type of marketplace; The relationship between private law, public law and criminal law; The limits of enforcement through private law mechanisms; The limits of individual litigation.
- Situations in which no individual claims are possibleLapse of time and lack of evidence; Low-value claims; High-value high-risk claims; Psychological barriers; The availability of alternative dispute resolution mechanisms; The limits of collective litigation; German experience and recent developments; Public law sanctions; Criminal law sanctions; Offers disguised as bills; Provoking premium calls; Subscription traps; Consumer fraud?; Limitations of fraud; The relationship between criminal law and unfair competition law; Perspectives on public enforcement of EU consumer law.
- 6: E-consumers and effective protection: the online dispute resolution systemIntroduction; Consumers and e-consumers: mass contracting and nonexperts on the web; E- consumers and the new information requirements: widening the consumer concept; Mass-contracting and non-experts: the new rationales in e-consumer protection; Enforcing e-consumer protection beyond alternative dispute resolution (ADR): the ODR; E-confidence; The specific legal framework: the access of consumers to justice; The consumer access to justice:́ the logic of the regulatory framework for consumer ADR.