A Cross Border Only Regulation For Consumer Transactions In The Eu

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A Cross-Border-Only Regulation for Consumer Transactions in the EU

Christian Twigg-Flesner
A Cross Border Only Regulation for Consumer Transactions in the EU Book PDF

Author : Christian Twigg-Flesner
Publisher : Springer Science & Business Media
Page : 76 pages
File Size : 47,5 Mb
Release : 2011-11-16
Category : Law
ISBN : 1461420474

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A Cross-Border-Only Regulation for Consumer Transactions in the EU by Christian Twigg-Flesner Pdf

For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily—in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.

European Consumer Access to Justice Revisited

Stefan Wrbka
European Consumer Access to Justice Revisited Book PDF

Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 49,5 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781107072374

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European Consumer Access to Justice Revisited by Stefan Wrbka Pdf

This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

The Involvement of EU Law in Private Law Relationships

Dorota Leczykiewicz,Stephen Weatherill
The Involvement of EU Law in Private Law Relationships Book PDF

Author : Dorota Leczykiewicz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 492 pages
File Size : 44,5 Mb
Release : 2013-03-12
Category : Law
ISBN : 9781782251040

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The Involvement of EU Law in Private Law Relationships by Dorota Leczykiewicz,Stephen Weatherill Pdf

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

European Consumer Protection

James Devenney,Mel Kenny
European Consumer Protection Book PDF

Author : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 475 pages
File Size : 49,8 Mb
Release : 2012-04-05
Category : Law
ISBN : 9781107013018

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European Consumer Protection by James Devenney,Mel Kenny Pdf

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.

The Images of the Consumer in EU Law

Dorota Leczykiewicz,Stephen Weatherill
The Images of the Consumer in EU Law Book PDF

Author : Dorota Leczykiewicz,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 488 pages
File Size : 44,7 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781509900374

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The Images of the Consumer in EU Law by Dorota Leczykiewicz,Stephen Weatherill Pdf

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.

EU Consumer Law and Policy

Stephen Weatherill
EU Consumer Law and Policy Book PDF

Author : Stephen Weatherill
Publisher : Edward Elgar Publishing
Page : 351 pages
File Size : 51,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857936981

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EU Consumer Law and Policy by Stephen Weatherill Pdf

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.

Research Handbook on EU Consumer and Contract Law

Christian Twigg-Flesner
Research Handbook on EU Consumer and Contract Law Book PDF

Author : Christian Twigg-Flesner
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 45,5 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782547372

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Research Handbook on EU Consumer and Contract Law by Christian Twigg-Flesner Pdf

Research Handbook on EU Consumer and Contract Law takes 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. The Handbook is divided into three parts:

Better Regulation in EU Contract Law

Esther van Schagen,Stephen Weatherill
Better Regulation in EU Contract Law Book PDF

Author : Esther van Schagen,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 41,7 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509928361

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Better Regulation in EU Contract Law by Esther van Schagen,Stephen Weatherill Pdf

This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law. This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?

The Europeanisation of Contract Law

Christian Twigg-Flesner
The Europeanisation of Contract Law Book PDF

Author : Christian Twigg-Flesner
Publisher : Routledge
Page : 252 pages
File Size : 45,9 Mb
Release : 2013-04-12
Category : Law
ISBN : 9781135923211

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The Europeanisation of Contract Law by Christian Twigg-Flesner Pdf

Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.

Critical Legal Perspectives on Global Governance

Gráinne de Búrca,Claire Kilpatrick,Joanne Scott
Critical Legal Perspectives on Global Governance Book PDF

Author : Gráinne de Búrca,Claire Kilpatrick,Joanne Scott
Publisher : A&C Black
Page : 872 pages
File Size : 41,5 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252887

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Critical Legal Perspectives on Global Governance by Gráinne de Búrca,Claire Kilpatrick,Joanne Scott Pdf

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.

Rethinking EU Consumer Law

Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Rethinking EU Consumer Law Book PDF

Author : Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Publisher : Routledge
Page : 350 pages
File Size : 45,9 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351675321

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Rethinking EU Consumer Law by Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson Pdf

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.

The Politics of the Draft Common Frame of Reference

Alessandro Somma
The Politics of the Draft Common Frame of Reference Book PDF

Author : Alessandro Somma
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 52,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131416

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The Politics of the Draft Common Frame of Reference by Alessandro Somma Pdf

This collection of essays reflects both the diversity of the group's work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission's characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.

The Shifting Meaning of Legal Certainty in Comparative and Transnational Law

Mark Fenwick,Mathias Siems,Stefan Wrbka
The Shifting Meaning of Legal Certainty in Comparative and Transnational Law Book PDF

Author : Mark Fenwick,Mathias Siems,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 328 pages
File Size : 49,7 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509911264

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The Shifting Meaning of Legal Certainty in Comparative and Transnational Law by Mark Fenwick,Mathias Siems,Stefan Wrbka Pdf

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

EU Consumer Rights Directive

Great Britain: Parliament: House of Lords: European Union Committee
EU Consumer Rights Directive Book PDF

Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
Page : 64 pages
File Size : 46,6 Mb
Release : 2009-07-15
Category : Business & Economics
ISBN : 0108444635

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EU Consumer Rights Directive by Great Britain: Parliament: House of Lords: European Union Committee Pdf

A review of the existing body of EU consumer law (known as the consumer acquis) culminated in the European Commission's publication of a draft Directive on consumer rights, proposing to replace four of the existing Directives making up the consumer acquis. The draft Directive's aim is to simplify the existing regulatory framework and provide for a real business-to-consumer internal market, balancing a high level of consumer protection with the competitiveness of enterprises. The Committee recommends that the Government withholds agreement from the proposal as drafted. It are unconvinced that it will deliver the desired boost in trade across borders and it may reduce the overall level of protection currently afforded to consumers. Further progress on the Directive should await a more complete impact assessment, addressing issues such as the lack of concrete statistics underpinning this proposal and the exclusion of digital goods and pure services from its scope. The Committee agrees that there is a need to update the existing Directives, not least due to inconsistencies between them over key definitions and the fragmentation of the business-to-consumer internal market that has resulted from Member States being able to introduce provisions that go beyond the minimum set down in the Directives. The Commission's solution is to apply the principle of "full harmonisation", but the Committee would prefer to see a more targeted use of this principle, harmonising certain aspects but allowing Member States room for manoeuvre in other areas.

The Transformation of Consumer Law and Policy in Europe

Hans-W Micklitz,Christian Twigg-Flesner
The Transformation of Consumer Law and Policy in Europe Book PDF

Author : Hans-W Micklitz,Christian Twigg-Flesner
Publisher : Bloomsbury Publishing
Page : 397 pages
File Size : 46,7 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509963034

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The Transformation of Consumer Law and Policy in Europe by Hans-W Micklitz,Christian Twigg-Flesner Pdf

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.