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The Images of the Consumer in EU Law

The Images of the Consumer in EU Law
Author: Dorota Leczykiewicz
Publisher: Bloomsbury Publishing
Total Pages: 488
Release: 2016-01-28
Genre: Law
ISBN: 1509900365

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This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.


Research Handbook on EU Consumer and Contract Law

Research Handbook on EU Consumer and Contract Law
Author: Christian Twigg-Flesner
Publisher: Edward Elgar Publishing
Total Pages: 603
Release: 2016-09-30
Genre: Law
ISBN: 1782547371

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The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll


The Images of the 'Consumer' in EU Competition Law

The Images of the 'Consumer' in EU Competition Law
Author: Alison Jones
Publisher:
Total Pages: 0
Release: 2016
Genre:
ISBN:

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This paper examines the different images of the 'consumer(s)' drawn in EU Competition Law and seeks to identify exactly who those consumers are. The competition provisions in the TFEU make several express references to consumers without defining the term. Further, a number of allusions to the consumer can be found in the jurisprudence, secondary legislation and the Commission's guidance documents. These sources suggest, at first sight, that, as is the case in other areas of EU law, the image of the consumer painted by the law is not a uniform or monochrome one, but a colourful one, evoking a landscape of diversity. This chapter considers this diversity of images and argues that when the apparently differing approaches are set within the broader context in which they are used, and against the overarching goals of EU Competition law, it can be seen that the interpretations adopted in each scenario are not in fact inconsistent with one another. Rather, the question of how the consumer is characterised and defined in the competition law sphere is dependent upon the context and the part of the competition law process in which it is used. In particular, the meaning of the term 'consumer' adopted fluctuates depending upon whether it is used in the context of: (i) describing the objectives of the competition laws and the consumers that those competition law rules are designed to protect; (ii) identifying persons during the process of determining whether the competition law rules have been infringed and, consequently, their objectives thwarted: for example, when deploying analytical tools or identifying whether particular persons, or groups of persons, have been harmed or benefited by the conduct at issue; or (iii) referring to some of the actors who participate in the enforcement of the substantive competition provisions. The chapter concludes by proposing a taxonomy of the images of the consumer(s) and by recognising that, despite the overarching objective of EU Competition Law, the final consumer is more likely to be a distant, rather than a direct, beneficiary of the rules.


Rethinking EU Consumer Law

Rethinking EU Consumer Law
Author: Geraint Howells
Publisher: Routledge
Total Pages: 350
Release: 2017-07-28
Genre: Law
ISBN: 135167532X

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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.


EU Consumer Law and Policy

EU Consumer Law and Policy
Author: Stephen Weatherill
Publisher: Edward Elgar Publishing
Total Pages: 351
Release: 2013-01-01
Genre: Law
ISBN: 0857936980

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Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.


The Transformation of Consumer Law and Policy in Europe

The Transformation of Consumer Law and Policy in Europe
Author: Hans-W Micklitz
Publisher: Bloomsbury Publishing
Total Pages: 375
Release: 2023-12-14
Genre: Law
ISBN: 1509963049

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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.


Consumer Protection, Automated Shopping Platforms and EU Law

Consumer Protection, Automated Shopping Platforms and EU Law
Author: Christiana N. Markou
Publisher: Routledge
Total Pages: 312
Release: 2019-09-10
Genre: Law
ISBN: 1317052838

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This book looks at two technological advancements in the area of e-commerce, which dramatically seem to change the way consumers shop online. In particular, they automate certain crucial tasks inherent in the ‘shopping’ activity, thereby relieving consumers of having to perform them. These are shopping agents (or comparison tools) and automated marketplaces. It scrutinizes their underlying processes and the way they serve the consumer, thereby highlighting risks and issues associated with their use. The ultimate aim is to ascertain whether the current EU regulatory framework relating to consumer protection, e-commerce, data protection and security adequately addresses the relevant risks and issues, thus affording a ‘safe’ shopping environment to the e-consumer.


The Images of the Consumer in EU Law

The Images of the Consumer in EU Law
Author: Dorota Leczykiewicz
Publisher: Bloomsbury Publishing
Total Pages: 488
Release: 2016-01-28
Genre: Law
ISBN: 1509900373

Download The Images of the Consumer in EU Law Book in PDF, ePub and Kindle

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.


Understanding EU Consumer Law

Understanding EU Consumer Law
Author: Hans-W. Micklitz
Publisher:
Total Pages: 0
Release: 2009
Genre: Consommateurs - Protection - Droit - Pays de l'Union européenne
ISBN: 9789050957762

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"Consumer law now constitutes a separate subject matter which the authors Hans-W. Micklitz and Norbert Reich tried to analyse in ... the fourth German edition of 'Europäisches Verbraucherrecht' of 2003... For the English edition, the authors, in cooperation with the publisher, decided to prepare a comprehensive version which we call 'Understanding European Consumer Law'..."--P. v.


The Law of the European Union and the European Communities

The Law of the European Union and the European Communities
Author: Pieter Jan Kuijper
Publisher: Kluwer Law International B.V.
Total Pages: 1456
Release: 2018-09-28
Genre: Law
ISBN: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.