Download Full eBooks in PDF
Implementing Eu Consumer Rights By National Procedural Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Implementing Eu Consumer Rights By National Procedural Law book. This book definitely worth reading, it is an incredibly well-written.
Author : Burkhard Hess,Pietro Ortolani
Publisher : Unknown
Page : 500 pages
File Size : 50,8 Mb
Release : 2019-03
Category : Electronic
ISBN : 3848758644
Author : Anthi Beka
Publisher : Unknown
Page : 375 pages
File Size : 49,8 Mb
Release : 2018
Category : Consumer protection
ISBN : 1780687672
The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection. According to the 'active consumer court' doctrine, developed in the case-law of the CJEU, national courts are required to raise, of their own motion, mandatory rules of EU consumer contract law, notably those protecting consumers from the use of unfair terms. This results in the strengthening of procedural consumer protection standards in ordinary proceedings but also in payment order proceedings, consumer insolvency proceedings or repossession proceedings directed against the primary family residence of the mortgage debtor. The considerations of contractual imbalance will now have to be taken into account in court proceedings leading, where necessary, to the reform of national procedural safeguards to protect the weaker contractual party. Dr Anthi Beka is a legal administrator with the chambers of Judge M. Vilaras in the Court of Justice of the European Union. She holds a PhD from the Faculty of Law, University of Luxembourg.
Author : Stephanie Law,Vincent Richard
Publisher : Unknown
Page : 504 pages
File Size : 48,5 Mb
Release : 2021-09-14
Category : Consumer protection
ISBN : 3848785684
The key challenge in the field of consumer protection lies in ensuring that the rights derived from EU consumer law can be effectively enforced in national legal systems, facilitating access to justice and promoting adequate redress. Through a comparative analysis of the legal and policy frameworks of enforcement in six European legal systems, this book examines the most recent developments in EU consumer law, the challenges to which these developments give rise and the scope for reform that they entail; in so doing, the authors critically evaluate the parameters of the public and private institutional framework for the enforcement of consumer law, both at the EU and national levels.
Author : Stephen Weatherill
Publisher : Edward Elgar Publishing
Page : 351 pages
File Size : 43,9 Mb
Release : 2013-01-01
Category : Law
ISBN : 9780857936981
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.
Author : Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Publisher : Routledge
Page : 350 pages
File Size : 52,9 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351675321
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 : Hans-W Micklitz,Christian Twigg-Flesner
Publisher : Bloomsbury Publishing
Page : 397 pages
File Size : 43,7 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509963034
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.
Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 55,6 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781107072374
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
Author : Anna Nylund,Magne Strandberg
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2019
Category : Civil procedure
ISBN : 1780686935
This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.
Author : Koenraad Lenaerts,Ignace Maselis,Kathleen Gutman
Publisher : Unknown
Page : 890 pages
File Size : 44,7 Mb
Release : 2014
Category : LAW
ISBN : OCLC:900689921
Author : Iris Benöhr
Publisher : OUP Oxford
Page : 272 pages
File Size : 45,6 Mb
Release : 2013-12-19
Category : Law
ISBN : 9780191650642
Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and jurisprudence that this may be changing. The Lisbon Treaty contains provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which in turn adds a fundamental rights dimension to consumer protection. This evolution, however, is still at an early stage and may be thwarted by conflicting trends. Moreover, it may generate tensions between social objectives and economic goals. This book provides the first comprehensive analysis of these developments and examines new avenues that may be opening for consumer law, focusing on three key areas: financial services, electronic communication and access to justice. Through a systematic analysis of relevant cases, the book traces the development of a human rights dimension in consumer law and details the ramifications that the post-Lisbon legal framework may have on consumer protection and policy. This book concludes by proposing new directions in consumer law, striking a compromise between social and economic demands.
Author : Anthi Beka
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2018
Category : Conflict of laws
ISBN : 178068617X
The Active Role of Courts in Consumer Litigation traces the emergence of a specific EU Law doctrine governing the role of the national courts in proceedings involving consumers that whilst only established more recently, has already become an important benchmark for effective consumer protection.According to the 'active consumer court' doctrine, developed in the case-law of the CJEU, national courts are required to raise, of their own motion, mandatory rules of EU consumer contract law, notably those protecting consumers from the use of unfair terms. This results in the strengthening of procedural consumer protection standards in ordinary proceedings but also in payment order proceedings, consumer insolvency proceedings or repossession proceedings directed against the primary family residence of the mortgage debtor.The considerations of contractual imbalance will now have to be taken into account in court proceedings leading, where necessary, to the reform of national procedural safeguards to protect the weaker contractual party.
Author : Requejo Isidro, Marta
Publisher : Edward Elgar Publishing
Page : 1011 pages
File Size : 41,6 Mb
Release : 2022-03-08
Category : Law
ISBN : 9781789908176
Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.
Author : Hans-W Micklitz,Christian Twigg-Flesner
Publisher : Bloomsbury Publishing
Page : 375 pages
File Size : 43,6 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509963041
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.
Author : Hans-W Micklitz
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 48,9 Mb
Release : 2021-11-04
Category : Law
ISBN : 9781509944842
This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Krämer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiórowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective. This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.
Author : Burkhard Hess,Pietro Ortolani
Publisher : Beck/Hart
Page : 640 pages
File Size : 41,8 Mb
Release : 2019-06-27
Category : Law
ISBN : 1509932372
This volume presents a comparative examination and empirical evaluation of national procedural rules and practices, and further assesses the key procedural problems that impact mutual trust and the free movement of judgments in light of national and European Court of Justice case law. It provides an exhaustive overview of the similarities and differences of civil procedure in all EU Member States, and their impact on the recognition and enforcement of judgments. Alongside Implementing EU Consumer Rights by National Procedural Law: Luxembourg Report on European Procedural Law Volume II, this volume offers the most comprehensive, empirically-driven comparative investigation of national civil procedure thus far undertaken in Europe. Using an extensive dataset comprising hundreds of interviews and responses to a multi-language online survey, it examines the rules of civil procedure in all EU Member States, and identifies their impact on mutual trust and the free movement of judgments. This volume will be of interest to all practitioners, academics and policymakers with a focus on judicial cooperation and civil justice, and will facilitate a better understanding of the impact of national procedural laws on cross-border dispute resolution in Europe.