Information obligations and disinformation of consumers
In: Ius comparatum - global studies in comparative law volume 33
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In: Ius comparatum - global studies in comparative law volume 33
In: Ius Comparatum - Global Studies in Comparative Law 33
In: Springer eBooks
In: Law and Criminology
Part I General Report -- Information obligations and disinformation of consumers -- Part II National Reports – European Union -- United Kingdom -- Germany -- France -- Italy -- Greece -- Romania -- Poland -- Czech Republic -- Republic of Ireland -- Finland -- Part III National Report – Euro-Asian Region -- Turkey -- Part IV National Reports – Asia -- Japan -- Singapore -- Taiwan -- China (and Macau) -- Part V National Reports – North and South America -- Canada -- Brazil -- Appendix
In: Common Market Law Review, Volume 41, Issue 5, p. 1409-1428
ISSN: 0165-0750
In: Common market law review, Volume 41, Issue 5, p. 1409-1428
ISSN: 0165-0750
In: Common Market Law Review, Volume 39, Issue 6, p. 1407-1421
ISSN: 0165-0750
In: Common Market Law Review, Volume 37, Issue 4, p. 991-1005
ISSN: 0165-0750
In: Common market law review, Volume 37, Issue 4, p. 991-1006
ISSN: 0165-0750
In: Perspectives on Federalism, Volume 9, Issue 2, p. E-180-E-215
ISSN: 2036-5438
Abstract
This paper analyses the ways in which the Unfair Contract Terms and Unfair Commercial Practices Directives try to steer a path between imposing a common European standard and allowing national variation. The open wording of the norms and safeguard clauses in both directives allows room for their flexible application. The differentiated role between the Court of Justice, as the interpreter of European law, and the national courts, as the party that applies it, provides a release valve to prevent any direct clashes and allows a subtle way for national perspectives to be reflected.
The analysis finds that, irrespective of the underlying level of harmonisation, and with the backing of the European legislator's intention of ensuring a high level of consumer protection, the CJEU is gradually painting the average European consumer with more realistic features. Here, the case law of the CJEU fulfils a bridging function between the labelling requirements in the Foodstuff Regulation, the transparency requirements in the Unfair Contract Terms Directive and the informed decision requirements in the Unfair Commercial Practices Directive. In these three domains the CJEU recognises that the level of customer attention may be suboptimal, even in the presence of comprehensive and correct information.
The CJEU's approach contributes to more convergence in consumer protection throughout the EU. Yet, in terms of legitimacy, it must be noted that in all cases the CJEU has maintained a clear distinction between interpretation and application. The particular constitutional legal order in which the CJEU operates only allows for a process whereby the contours of a more coherent European consumer protection policy are gradually revealed. In the absence of sufficient legislative guidance at the European and national levels, national courts may be increasingly informed by the case law of the CJEU in an effort to establish clearly desirable common expectations. Those who believe that, in practice, uniformity can be achieved overnight by simply adopting a common maximum norm appear over-optimistic.
In: Perspectives on Federalism, Volume 9, Issue 2, p. E-I-E-XIX
ISSN: 2036-5438
Abstract
For the first time since its creation, the European Union (EU) has been living its probably most significant identity crisis. This crisis has its roots in different critical situations that have hit the EU, have affected its functioning and have fundamentally questioned its legitimacy. The gaps in the EU integration process have been uncovered and the fragmentation of EU policies has become a source of different risks.
On the anniversary of sixty years of the Rome Treaties, this Special Issue aims to reflect on the paradigms for EU law looking beyond their competing accounts of EU integration. The analysis is developed through a series of contributions that challenge the paradigms in different directions. The discussion is articulated on two levels. On the one hand, a group of contributions focuses on the historical and legal analysis of the emergence and transformation of the EU legal order. These contributions delve deeper into the absence of a European identity and go beyond the inherent critique that the EU is a demoi-cracy that struggles with a democratic disconnect or even deficit. On the other hand, other contributions debate paradigms and their implementation in important policy domains. These contributions aim to give a more practical perspective on the constitutional and/or administrative character of the European Union, showing its implications and concrete questions.
In: The international & comparative law quarterly: ICLQ, Volume 73, Issue 2, p. 477-504
ISSN: 1471-6895
AbstractThis article analyses the challenges that online marketplaces and e-commerce pose to traditional product liability doctrines. It uses a comparative perspective to examine whether an online platform can be liable to a consumer for a defective product purchased on its platform, and the adaption of product liability law to this challenge in a series of jurisdictions. It reflects on the role of litigation and regulation, focusing on Europe and the United States, and considers reform in a number of jurisdictions in this area. It concludes with proposals for increasing the accountability of online marketplaces for products sold on their websites.