Reflections On The Protection Of Vulnerable Consumers Under Eu Law PDF Download
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| Author | : Lisa Waddington |
| Publisher | : |
| Total Pages | : 42 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
Download Reflections on the Protection of 'Vulnerable' Consumers Under EU Law Book in PDF, ePub and Kindle
This article seeks to explore the concept of the 'vulnerable' consumer and to reflect on how EU law protects, or fails to protect, such consumers. Section I of the article considers the current situation with regard to the protection of 'vulnerable' consumers under EU law. The section first examines key EU consumer protection instruments to establish how they address the position of 'vulnerable' consumers, before proceeding to review relevant case law of the Court of Justice on this issue. Section II examines in more detail the concept of 'vulnerability' with regard to consumers, and considers the many different causes of vulnerability. This is linked to a discussion of the related concept of the 'average' consumers. The second part of the article reflects on how EU law could better provide protection to disadvantaged or 'vulnerable' consumers. The article concludes that the current 'one size fits all' category of 'vulnerability' found in EU law is inadequate to provide the protection for the many different kinds of disadvantaged consumers who can fall under the general category of 'vulnerable', and that more targeted measures, and a recognition of the diversity of all consumers, would provide greater levels protection.
| Author | : Joasia Luzak |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : |
Download Consumers in European Private Law Book in PDF, ePub and Kindle
This is an introduction of future students of (European) consumer law to its main concepts, such as average and vulnerable consumers, unfairness, product risks. Upon reading you may expect to start being able to place this research area within the legal architecture of European Private Law. You are encouraged to think about the impact of selected issues on consumer protection, including such issues as consumer apathy in enforcing their rights, digitalisation and climate change. Throughout, you are given points for reflection to encourage further reading and help with understanding the content.
| Author | : Francesca Ippolito |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 711 |
| Release | : 2015-04-30 |
| Genre | : Law |
| ISBN | : 1782256148 |
Download Protecting Vulnerable Groups Book in PDF, ePub and Kindle
The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.
| Author | : Geraint Howells |
| Publisher | : Routledge |
| Total Pages | : 350 |
| Release | : 2017-07-28 |
| Genre | : Law |
| ISBN | : 135167532X |
Download Rethinking EU Consumer Law Book in PDF, ePub and Kindle
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.
| Author | : Antonio Bartolini |
| Publisher | : Springer |
| Total Pages | : 630 |
| Release | : 2019-01-05 |
| Genre | : Law |
| ISBN | : 3030005542 |
Download Dictionary of Statuses within EU Law Book in PDF, ePub and Kindle
This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
| Author | : Gianclaudio Malgieri |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2023-04-01 |
| Genre | : Law |
| ISBN | : 019269751X |
Download Vulnerability and Data Protection Law Book in PDF, ePub and Kindle
Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.
| Author | : Naomi Creutzfeldt |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 384 |
| Release | : 2021-07-01 |
| Genre | : Law |
| ISBN | : 150993944X |
Download Access to Justice for Vulnerable and Energy-Poor Consumers Book in PDF, ePub and Kindle
How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).
| Author | : Comandé, Giovanni |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 400 |
| Release | : 2022-02-18 |
| Genre | : Law |
| ISBN | : 1839104597 |
Download Elgar Encyclopedia of Law and Data Science Book in PDF, ePub and Kindle
This Encyclopedia brings together jurists, computer scientists, and data analysts to map the emerging field of data science and law for the first time, uncovering the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability.
| Author | : James Devenney |
| Publisher | : Cambridge University Press |
| Total Pages | : 475 |
| Release | : 2012-04-05 |
| Genre | : Law |
| ISBN | : 1107013011 |
Download European Consumer Protection Book in PDF, ePub and Kindle
This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.
| Author | : Geraint Howells |
| Publisher | : Routledge |
| Total Pages | : 312 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317139666 |
Download European Fair Trading Law Book in PDF, ePub and Kindle
The Unfair Commercial Practices Directive is the most important directive in the field of trade practices to have emerged from the EC but it builds upon European activity which has sought to regulate trade practices on both a sectoral and horizontal level. It is an umbrella provision, which uses general clauses to protect consumers. How effective this approach is and how it relates the existing acquis are fundamental issues for debate. This work provides a critical appraisal of the Unfair Commercial Practices Directive linking discussion of it to general debates about how fair trading should be regulated. It explains how the Directive fits into the existing acquis. It also examines national traditions where these are necessary to explain the European approach, as in the case of general clauses. The book will be a valuable tool for any student of consumer law seeking to understand the thinking behind the directive and how it will affect national laws. It will also influence policy makers by suggesting how the directive should be interpreted and what policy lies behind its formulation. Businesses and their advisers will use the book as a means of understanding the new regulatory climate post-the directive.
