European Consumer Protection Theory and Practice

Author: James Devenney; Mel Kenny
Publisher: Cambridge University Press
ISBN: 9781107013018
Published In: April 2012
Format: Hardback , 474 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.

• Exploration of the European dimension to consumer protection deepens readers' understanding of its importance in the EU and its place in an integrating market

• Comparative insights into consumer protection in common law and civil law jurisdictions alert readers to the challenges facing proposals for greater harmonisation, consolidation and codification of private law in this area

• Analysis of the broader dimensions of European private law increases readers' understanding of the scope of protective mechanisms in private law

Preface	ix
Part I Consumer protection strategies and mechanisms in the EU	1
1 From minimal to full to ‘half’ harmonisation Norbert Reich	3
2 Comment: the future of EU consumer law – the end of harmonisation? Christian Twigg-Flesner	6
3 Two levels, one standard? The multi-level regulation of consumer protection in Europe Vanessa Mak	21
4 A modernisation for European consumer law? Cristina Poncibò	43
5 Effective enforcement of consumer law: the comeback of public law and criminal law Peter Rott	64
6 E-consumers and effective protection: the online dispute resolution system Immaculada Barral-Viñals	82
7 Unfair terms and the Draft Common Frame of Reference: the role of non-legislative harmonisation and administrative cooperation? James Devenney and Mel Kenny	99
Part II Conceptualising vulnerability	121
8 The definition of consumers in EU consumer law Bastian Schüller	123
9 Recognising the limits of transparency in EU consumer law Chris Willett and Martin Morgan-Taylor	143
10 The best interests of the child and EU consumer law and policy: a major gap between theory and practice? Amandine Garde	164
11 Protecting consumers of gambling services: some preliminary thoughts on the relationship with European consumer protection law Alan Littler	202
Part III Contextualising consumer protection in the EU	237
12 Consumer protection and overriding mandatory rules in the Rome I Regulation Christopher Bisping	239
13 Determining the applicable law for breach of competition claims in the Rome II Regulation and the need for effective consumer collective redress Lorna Gillies	257
14 Horse sales: the problem of consumer contracts from a historical perspective Warren Swain	282
15 The role of private litigation in market regulation: beyond ‘legal origins’ Axel Halfmeier	300
16 Advertising, free speech and the consumer Paul Wragg	313
17 Are consumer rights human rights? Monika Jagielska and Mariusz Jagielski	336
18 Consumer protection in a normative context: the building blocks of a consumer citizenship practice Jim Davies	354
19 Recommended changes to the definitions of ‘auction’ and ‘public auction’ in the proposal for a directive on consumer rights Christine Riefa	378
20 Consumer law regulation in the Czech Republic in the context of EU law: theory and practice Blanka Tomančáková	397
21 Resistance towards the Unfair Terms Directive in Poland: the interaction between the consumer acquis and a post-socialist legal culture Rafał Mańko	412
Part IV Conclusions	435
22 European consumer protection: theory and practice Mel Kenny and James Devenney	437
Index	450