EU Consumer Law and Human Rights

Author: Iris Benohr
Publisher: Oxford University Press
ISBN: 9780199651979
Published In: December 2013
Format: Hardback , 272 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first comprehensive analysis of consumer protection and fundamental rights in EU law
Examines the major implications of the Lisbon Treaty for consumer protection and human rights
Addresses critical areas in consumer law such as electronic communications, credit agreements and over-indebtedness, access to justice, and collective redress

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 suggest this may be changing. These changes can be seen in recent court cases and, above all, the Lisbon Treaty and the EU Charter of Fundamental Rights. The Treaty contains provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which 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, focussing 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 potential ramifications that the post-Lisbon legal framework may have on consumer protection and on related policy issues. This book concludes by providing ideas for a new legal approach to consumer law which strikes a compromise between social and economic demands.

Readership: Academics and EU law practitioners in private law, human rights, constitutional law and constitutional theory, and consumer law.

1: Introduction
2: Consumer Law and the Market
3: Human Rights and Consumer Protection
4: A New Theoretical Approach to Consumer Protection and Human Rights
5: Contractual Fairness and Fundamental Rights in Consumer Credit Cases
6: A Fundamental Rights Perspective to Electronic Communication
7: Access to Justice as a Human Right
8: Conclusion

Iris Benohr, Post-Doctoral Researcher, Centre for Socio-Legal Studies, Law Faculty, Oxford University

Iris Benöhr is a postdoctoral researcher at the University of Oxford, Faculty of Law and Centre for Socio-Legal Studies, and a recipient of a British-Academy Postdoctoral Fellowship. Prior to this she held positions at the United Nations (Competition and Consumer Policies, Geneva), at the European Commission (Consumer Affairs, Brussels), and at an international law firm in Brussels as a qualified lawyer. She was admitted to the Zurich Bar and to the Brussels Bar, and she holds a doctoral degree in law from the European University Institute (Florence) and a law degree from the University of Neuchâtel in Switzerland. She has published in different fields of EU law and of human rights law, including consumer law, civil justice, competition law, comparative law, and constitutional law.