New Frontiers Of Consumer Protection

Author : Fabrizio Cafaggi
Publisher : Intersentia NV
Page : 472 pages
File Size : 41,6 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134464952

Get Book

New Frontiers of Consumer Protection by Fabrizio Cafaggi Pdf

Collective redress has gained momentum in Europe and North America. Legal reforms are driven by different institutional conditions but show a limited degree of convergence. In this book, seventeen contributions from the US, Canada, and the Member States of the European Union put the interplay of public enforcement and private collective judicial enforcement into perspective. The parameters of analysis are the constitutional dimension (i.e. three multi-level systems compared US, EC, and Canada, vertically: allocation of powers between levels and distinction between regulation and private law and administrative control versus judicial control; horizontally: degree of harmonization, trans-border litigation, choice of law), the institutional dimension (the players, regulatory and judges, private organization and lawyers) and the substantive dimension (regulation through administrative law versus regulation through tort or contract law, standard setting (strict liability versus negligence), remedies (injunctions and damages). These three parameters are then broken down into five sections: general comparison, the public/private enforcement divide, remedies concerning the distinction between injunction and damages as well as between class actions and group actions, negotiation and adjudication, trans-border litigation and international private law. The final chapter develops prospects to indicate the way ahead.

Author : Hans-W. Micklitz,Geneviève Saumier
Publisher : Springer
Page : 717 pages
File Size : 47,6 Mb
Release : 2018-07-06
Category : Law
ISBN : 9783319784311

Get Book

Enforcement and Effectiveness of Consumer Law by Hans-W. Micklitz,Geneviève Saumier Pdf

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

Author : Rossella Esther Cerchia,Barbara Pozzo
Publisher : MDPI
Page : 160 pages
File Size : 54,9 Mb
Release : 2021-01-13
Category : Social Science
ISBN : 9783039437078

Get Book

The New Frontiers of Fashion Law by Rossella Esther Cerchia,Barbara Pozzo Pdf

Fashion law encompasses a wide variety of issues that concern an article of clothing or a fashion accessory, starting from the moment they are designed and following them through distribution and marketing phases, all the way until they reach the end-user. Contract law, intellectual property, company law, tax law, international trade, and customs law are of fundamental importance in defining this new field of law that is gradually taking shape. This volume focuses on the new frontiers of fashion law, taking into account the various fields that have recently emerged as being of great interest for the entire fashion world: from sustainable fashion to wearable technologies, from new remedies to cultural appropriation to the regulation of model weight, from advertising law on the digital market to the impact of new technologies on product distribution. The purpose is to stimulate discussion on contemporary problems that have the potential to define new boundaries of fashion law, such as the impact of the heightened ethical sensitivity of consumers (who increasingly require effective solutions), that a comparative law perspective renders more interesting. The volume seeks to sketch out the new legal fields in which the fashion industry is getting involved, identifying the new boundaries of fashion law that existing literature has not dealt with in a comprehensive manner.

Author : Franziska Weber
Publisher : Routledge
Page : 318 pages
File Size : 51,5 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317026136

Get Book

The Law and Economics of Enforcing European Consumer Law by Franziska Weber Pdf

In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

Author : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 475 pages
File Size : 43,6 Mb
Release : 2012-04-05
Category : Law
ISBN : 9781107013018

Get Book

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.

Author : Dee Pridgen,Richard M. Alderman,Jolina C. Cuaresma
Publisher : Unknown
Page : 1785 pages
File Size : 44,5 Mb
Release : 2019
Category : Consumer protection
ISBN : OCLC:1136492051

Get Book

Consumer Protection and the Law by Dee Pridgen,Richard M. Alderman,Jolina C. Cuaresma Pdf

Author : Kramer, Xandra,Hoevenaars, Jos,Kas, Betül,Themeli, Erlis
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 41,5 Mb
Release : 2022-08-18
Category : Law
ISBN : 9781802203820

Get Book

Frontiers in Civil Justice by Kramer, Xandra,Hoevenaars, Jos,Kas, Betül,Themeli, Erlis Pdf

This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

Author : Iris Benöhr
Publisher : OUP Oxford
Page : 272 pages
File Size : 52,7 Mb
Release : 2013-12-19
Category : Law
ISBN : 9780191650642

Get Book

EU Consumer Law and Human Rights by Iris Benöhr Pdf

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 : Hans-W Micklitz
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 40,7 Mb
Release : 2021-11-04
Category : Law
ISBN : 9781509944842

Get Book

The Making of Consumer Law and Policy in Europe by Hans-W Micklitz Pdf

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 : Joaquín Almunia,Chris Fonteijn,Peter Freeman,Douglas Ginsburg,Thomas Graf,Benoît Hamon,Nathalie Homobono,Laurence Idot,Alexander Italianer,Frédéric Jenny,William Kovacic,Bruno Lasserre,George Milton,Andreas Mundt,Anne Perrot,Matthew Readings,Howard A. Shelanski,Mélanie Thill-Tayara,Wouter Wils,Joshua Wright
Publisher : Bruylant
Page : 214 pages
File Size : 46,8 Mb
Release : 2015-09-24
Category : Law
ISBN : 9782802753025

Get Book

New frontiers of antitrust 2014 by Joaquín Almunia,Chris Fonteijn,Peter Freeman,Douglas Ginsburg,Thomas Graf,Benoît Hamon,Nathalie Homobono,Laurence Idot,Alexander Italianer,Frédéric Jenny,William Kovacic,Bruno Lasserre,George Milton,Andreas Mundt,Anne Perrot,Matthew Readings,Howard A. Shelanski,Mélanie Thill-Tayara,Wouter Wils,Joshua Wright Pdf

This volume contains the papers presented at the annual Concurrences Journal conference held on 21 February 2014 at the French Ministry for the Economy. After the traditional « State of the Union », presented by Vice President Joaquín Almunia in the context of the « after » economic crisis, the papers adress four main issues: • Detection of anticompetitive practices: Should existing tools be revised or new tools introduced? Leniency, market surveys, financial reward… • Patents: Can antitrust authorities contribute to fixing the dysfunctional patent system? • European Competition Network 10 years after & EC Regulation 1/2003: Can cooperation be extended to merger control and advocacy? • Restructuring firms in the context of crisis: What role for merger policy? The volume ends by a contribution of Minister Benoît Hamon on the French class action. This work was published in the collection under the scientific direction of Professor Laurence Idot.

Author : Hans-W Micklitz,Christian Twigg-Flesner
Publisher : Bloomsbury Publishing
Page : 397 pages
File Size : 44,8 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509963034

Get Book

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.

Author : Geraint Howells,Hans-W Micklitz,Mateja Durovic,André Janssen
Publisher : Bloomsbury Publishing
Page : 619 pages
File Size : 43,7 Mb
Release : 2022-08-25
Category : Law
ISBN : 9781509957552

Get Book

Consumer Protection in Asia by Geraint Howells,Hans-W Micklitz,Mateja Durovic,André Janssen Pdf

This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.

Author : Stefan Wrbka
Publisher : Cambridge University Press
Page : 419 pages
File Size : 47,9 Mb
Release : 2015
Category : Law
ISBN : 9781107072374

Get Book

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?

Author : Geraint Howells,Christian Twigg-Flesner,Thomas Wilhelmsson
Publisher : Routledge
Page : 350 pages
File Size : 40,8 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351675321

Get Book

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.

Author : Dan Wei,James P. Nehf,Claudia Lima Marques
Publisher : Springer Nature
Page : 466 pages
File Size : 48,6 Mb
Release : 2020-11-27
Category : Law
ISBN : 9789811589485

Get Book

Innovation and the Transformation of Consumer Law by Dan Wei,James P. Nehf,Claudia Lima Marques Pdf

This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers’ economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.