Letteratura scientifica selezionata sul tema "Consumer protection – Law and legislation – European Union countries"
Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili
Consulta la lista di attuali articoli, libri, tesi, atti di convegni e altre fonti scientifiche attinenti al tema "Consumer protection – Law and legislation – European Union countries".
Accanto a ogni fonte nell'elenco di riferimenti c'è un pulsante "Aggiungi alla bibliografia". Premilo e genereremo automaticamente la citazione bibliografica dell'opera scelta nello stile citazionale di cui hai bisogno: APA, MLA, Harvard, Chicago, Vancouver ecc.
Puoi anche scaricare il testo completo della pubblicazione scientifica nel formato .pdf e leggere online l'abstract (il sommario) dell'opera se è presente nei metadati.
Articoli di riviste sul tema "Consumer protection – Law and legislation – European Union countries"
1
Bogdan, V. V., E. V. Chernykh e R. W. Khalin. "CONSEQUENCES OF BRexIT FOR CONSUMERS AND LEGISLATION FOR THE PROTECTION OF CONSUMERS 'RIGHTS IN GREAT BRITAIN". Proceedings of the Southwest State University 22, n. 1 (28 febbraio 2018): 204–10. http://dx.doi.org/10.21869/2223-1560-2018-22-1-204-210.
Testo completoAbstract (sommario):
This article considers one of the topical issues of the development of legislation on consumer rights protection in the European Union countries in connection with Great Britain’s withdrawal from EU. European legislation on the protection of consumer rights has a number of features since all participants at the very beginning of the EU’s existence pledged to share responsibility for enacting legislation that protects consumer rights. The authors dwell on the problems of consumer rights protection in the UK, the consolidation of the legislation on consumer rights protection, and the models for building relations between the UK and EU: British membership in the European Economic Area (EEA); relations only within the framework of the World Trade Organization (WTO); cooperation, built on individual terms. In the study, the authors used analytical and formal-legal methods, the method of abstraction which made it possible to formulate conclusions on the conducted research. The authors come to the conclusion that there are strong relations between the rules of the Institute for the Protection of Consumer Rights of Great Britain and the legislation of the EU, so no major changes are currently expected. The Law "On the Rights of Consumers" not only introduced colossal changes in the national English legislation, but also summarized various aspects of consumer legislation in one legislative act. Such consolidation of consumer law in the UK has proved to be one of the most complex and promising legislative acts within the EU. Currently, it is difficult to predict the consequences of the UK’s exit from the EU for consumers and business, not knowing the scenario of the development of transitional or future relations with the EU. Undoubtedly, the next two years of the transition period will be difficult, since the decisions will be made by 27 EU countries without the participation of Great Britain.
2
O. Syurikpayeva, Assel, Zhazira O. Omirali, Nurgul E. Baigelova, Sovetzhan A. Yntymakov e Elmira B. Kurmanaliyeva. "Comparative analysis of issues of the legal mechanism of consumer protection in Kazakhstan and foreign countries based on the norms of sustainable development". RIVISTA DI STUDI SULLA SOSTENIBILITA', n. 2 (gennaio 2022): 187–201. http://dx.doi.org/10.3280/riss2021-002014.
Testo completoAbstract (sommario):
Globalisation and liberalisation of trade and business around the world have made many goods and services available to consumers anywhere in the world. Econom-ic growth has been described by an increase in the purchasing power of the middle class, which is the largest consumer segment of the population. This required an emphasis on consumer protection and the promotion of responsible consumer movement around the world. The purpose of the research is to analyse the prob-lems of the legal mechanism for protecting consumer rights based on the norms of sustainable development, identify and disclose modern problems related to the le-gal status of this area. The main method of the research was comparative analysis which allowed to compare the regional mechanisms for protecting consumer rights, considering the economic and political factors inherent in each of the countries. The conducted study allowed to reveal legal approaches to the study of consumer protection, to analyse the relevant current legislative framework. It is substantiated that the issues of consumer protection are given due attention in many countries. It was concluded that during the development of the latest corrective legislative acts governing consumer protection mechanisms in the countries of the European Union, the Republic of Kazakhstan and India, the positive aspects of world experience, the content of these legal documents were considered. The content of the said legal documents was based on the UN principles of consumer protection, which indicates a significant contribution of the above countries to the perfor-mance of the obligations to guarantee the consumers their fundamental rights.
3
Zarbà, Carla, Gaetano Chinnici e Mario D’Amico. "Novel Food: The Impact of Innovation on the Paths of the Traditional Food Chain". Sustainability 12, n. 2 (11 gennaio 2020): 555. http://dx.doi.org/10.3390/su12020555.
Testo completoAbstract (sommario):
Novel food refers to any type of food which was not used for human consumption before the 15 May 1997 in a specific place. This date refers to the introduction of European Union Regulation (EC) No 258/1997 which regulated the placing of novel foods or novel food ingredients on the market within the community for the first time. Then, the Regulation (EU) 2015/2283 changed the existing legislation for the categories of food belonging to novel food in order to guarantee a higher level of protection of human health and consumer interests. Algae, which are not commonly consumed by people but are considered among the most widespread foods of the future, are one of the principal food products of natural plant origin in the regulation of novel foods. However, even if algae were not well-known in the past, nowadays they are integrated into the different food cultures of the EU. This circumstance led to an analysis of the contribution of trade flows, of algae for human consumption inside and outside Europe, on the trade balance of the member countries of the European Union. Analysis of the Eurostat database was used to provide an overview of the international trade dynamics affecting the trade development of algae for human consumption in the European Union, with the aim of measuring the competitive dynamics within member countries.
4
Marchuk, M., e L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics". Uzhhorod National University Herald. Series: Law, n. 70 (18 giugno 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
Testo completoAbstract (sommario):
The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
5
Lihter, Pavel L. "Planned obsolescence: legal aspects of counteraction". Pravovedenie 62, n. 3 (2018): 518–30. http://dx.doi.org/10.21638/spbu25.2018.306.
Testo completoAbstract (sommario):
Modern society faces new challenges due to the development of technology, economy, level of consumption. The article deals with the legal aspects of counteraction to the strategy of unscrupulous manufacturers for deliberate programming of technical defects of the goods, leading to the need to replace it immediately at the end of the warranty period. This strategy has significant implications for public health, social and environmental security. The objectives of the work are studying the actual problems of planned obsolescence of products, the search for its essence, principles and features. The author identifies legislative and law enforcement practice formed by the European Union and different countries in this area. The analysis of law in other countries allows to state the tendency of shift of emphasis from private law methods of protection of consumer and social rights to public law methods, to wider use of a number of coercive instruments. Rethinking the balance of private, public and public interests led to the author’s proposal to develop a holistic concept of legal regulation of civil law relations. As a result of the article, the directions for improving various branches of law in order to counteract the planned obsolescence of goods are proposed.
6
SZYDŁO, Wojciech Paweł. "A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law". Central and Eastern European Journal of Management and Economics 5, n. 2 (7 gennaio 2018): 199. http://dx.doi.org/10.29015/ceejme.627.
Testo completoAbstract (sommario):
Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law. Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law. Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.
7
Firdovsi Huseynov, Seymur. "DEVELOPMENT OF CONSUMER PROTECTION IN THE EUROPEAN UNION". SCIENTIFIC WORK 65, n. 04 (23 aprile 2021): 276–79. http://dx.doi.org/10.36719/2663-4619/65/276-279.
Testo completoAbstract (sommario):
In modern times, the mass of use of non-cash payment and minimizing the shadow economy is the priority targets of the states. As a result, in recent years, states pay more attention to the protection of consumers. In turn, the European Union improves the legislation in the field of protection of consumers. It is useful to learn the dynamics of development of the European Union's legislation in this area and improving local legislation in the future. The article explores the development of the European Union's legislation and ECJ key cases in the field of protection of consumers' rights. Key words: consumer protection, European law, e-commerce, Tobacco case
8
Pokrzywniak, Jakub. "Consumer protection under Polish private law". Pravovedenie 65, n. 2 (2021): 236–47. http://dx.doi.org/10.21638/spbu25.2021.207.
Testo completoAbstract (sommario):
This article discusses the provisions of Polish private law that grants protection to consumers. Particular attention is paid to contract law, but the impact of public law regulations for the provisions of civil law is also taken into consideration. The author presents a number of legal instruments used by Polish law in order to protect consumers in their dealings with merchants and analyzes the main features of consumer protection law in Poland. The influence of European legislation on Polish regulations is also discussed. It goes without saying that Polish consumer protection legislation has to be in line with EU directives. As is known, the protection of consumers plays an important role in EU legislation. The Polish lawmaker has the duty to implement European directives properly and timely into national law. Many Polish regulations regarding consumer protection seem to be a certain kind of translation of European directives. This is the simplest but probably the riskiest method of transposing EU law because it may lead to inconsistencies with national regulations. Although sometimes it seems to be forced by a tight timeline. At the same time, the general competence of the European Union for enacting consumer protection law as a part of civil law is lacking. This is due to the fact that the six founding Member States of the European Economic Union deemed law of contracts as part of the European Treaties to be redundant, since the legal systems of the states — founders of the Union, all based on Roman Law, should already provide a mutual understanding. It is obvious that the consumer needs protection in his/her dealings with merchants as he/she is a weaker party to the transaction. This weakness stems mainly from a lack of information and poor bargaining power. The consumer will never be a real partner in negotiations with a bank, a utility company or an airline.
9
Pantazi, Tania. "Airline Bankruptcy and Consumer Protection in the European Union". Air and Space Law 35, Issue 6 (1 novembre 2010): 409–21. http://dx.doi.org/10.54648/aila2010045.
Testo completoAbstract (sommario):
Airline bankruptcy is a common phenomenon in Europe, especially in the last decade. A sudden interruption of operations is often the result of air carrier’s financial problems or the revoking of its operating license. The liberalization of air transport industry in Europe, along with other factors, has contributed to the increase in the number of airline bankruptcies. Consumers facing airline bankruptcies, however, are not always protected, as there are cases in which passengers were stranded abroad or not compensated because of lack of assets. The existing legal framework of the European Community does not contain any specialized provision, although there is Community legislation on the monitoring of airline finances, travellers’ rights, and insolvency proceedings. This article examines the relevant legal instruments and discusses potential amendments to legislation, such as mandatory insurance or the creation of compensation funds, in order to provide consumers with effective protection against airline insolvency.
10
Surkov, A. N., S. V. Melnik e E. V. Chernykh. "THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY". Proceedings of the Southwest State University 22, n. 3 (28 giugno 2018): 137–44. http://dx.doi.org/10.21869/2223-1560-2018-22-3-137-144.
Testo completoAbstract (sommario):
In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".
Tesi sul tema "Consumer protection – Law and legislation – European Union countries"
1
D'AMICO, Alessia. "Optimising regulatory responses to consumer disempowerment over personal data in the digital world". Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/71844.
Testo completoAbstract (sommario):
Defence date: 06 July 2021Examining Board: Professor Giorgio Monti (Tilburg University); Professor Michal Gal (University of Haifa); Professor Orla Lynskey (London School of Economics); Professor Peter Drahos (European University Institute)
This thesis addresses the problem of individuals’ lack of control over personal data in the digital world. It sheds light on market and regulatory failures that lie behind the status quo and proposes a framework to improve regulatory responses. The two regulatory regimes that are at the core of this thesis are EU data protection regulation, which protects individuals’ fundamental rights over data, and EU competition law, which safeguards the sound functioning of the market and consumers’ economic interests. Despite the existence of these two regulatory regimes, individuals do not have sufficient control over personal data collected by digital firms, whose control over large datasets is a factor contributing to market monopolisation. The thesis argues that one reason for the shortcomings of today’s regulatory framework is that the market failure is composed of a combination of factors, which are currently addressed by the different regimes relatively independently. This dichotomy hinders the development of an effective strategy to tackle the market failure in its entirety. The approach taken in this thesis is that by integrating the two regimes, it might be possible to close the gaps deriving from a narrow perception of their regulatory spaces. Hence, the thesis formulates a holistic approach, encompassing data protection regulation and competition law, designed to increase the effectiveness of the regulatory framework as a whole. Different dimensions of the regimes’ interrelation are analysed, to uncover new ways to harness their complementarity and minimise their inconsistencies and overlaps. The thesis looks at how the regimes can incorporate elements from each other to inform their policies and application of their rules, as well as developing a complementary enforcement strategy. The holistic framework ultimately allows both regimes to better tailor their regulatory responses to the functioning of the digital market and take account of the diverse elements that constitute the market failure they seek to correct.
2
RAVALLI, Rebecca. "Externalities of production in GVCs : an EU consumer perspective". Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/73849.
Testo completoAbstract (sommario):
Defence date: 21 December 2021Examining Board: Professor Hans – W. Micklitz, European University Institute (Supervisor), Professor Martijn W. Hesselink, European University Institute, Professor Anna Beckers, Maastricht University, Professor Fernanda Nicola, Washington College of Law.
This doctoral dissertation examines the EU consumer perspective on externalities of production in global value chains (GVCs). Whether as part of the discourse on development or global economic governance, externalities of production are a long-standing issue that has been problematised not only by lawyers but also by economists, anthropologists, sociologists and social scientists at large. In the legal field, the analysis has struggled to contextualise consumer law and policy together with the peculiarities of GVCs as a distinct model of business organisation characterised by contractualisation of processes of production. The thesis argues that contractualisation of production establishes a relationship between consumers and processes of production, also in relation to externalities. Such a relation is not mirrored either by the voluntary self-regulation through which enterprises regulate externalities nor by EU consumer law. The present dissertation addresses this matter and argues that EU consumer law limits the involvement of consumers in the process of self-regulation that leading enterprises of GVCs undertake to prevent and/or remedy externalities of production and that results into a unilateral exercise of epistemic authority. The exercise of epistemic authority is favoured by a ‘communication paradigm’ framing EU consumer law, according to which consumer claims’ on sustainability and externalities of production depend on the content of the communication consumers receive prior or via the contract. This paradigm prevents consumers involvement, in all phases of the contractual relationship, in the definition of a legal episteme of sustainability in line with the core constitutional principles and values as enshrined in the EU Treaties and constitutional charters of member states. The final part of the thesis suggests that the limits deriving by the communication paradigm can be overcome by the CJEU that, by relying on the principle of effectiveness can integrate the communication paradigm with a consumer perspective on externalities of production in the post-contractual phase.
3
Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen". Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.
Testo completoAbstract (sommario):
La réalisation du marché intérieur européen par une meilleure intégration des marchés financiers est aujourd’hui devenue une réalité. L'objectif est toutefois loin d'être atteint en matière de crédit hypothécaire, nonobstant de nombreuses initiatives européennes. Compte tenu de ces difficultés et du postulat selon lequel il serait impossible d'harmoniser le droit des suretés immobilières en raison de leur ancrage culturel et national, une proposition alternative consistant dans la création d'une sûreté immobilière commune (euro-hypothèque), venant se superposer aux systèmes nationaux, a été formulée depuis un certain nombre d'années. La recherche analyse dans un premier temps la réalité du postulat précité à la lumière du droit comparé et conclut qu'en réalité, les différents systèmes trouvent non seulement leur origine dans un modèle identique, fondé sur le caractère accessoire de la sûreté, mais ont en outre connu une évolution similaire au cours de ces dernières années. Il apparaît que ce modèle constitue la meilleure base pour toute harmonisation européenne. Après avoir examiné l'interaction avec le droit international privé, sous l'angle de la protection du consommateur, et le droit européen, sous l'angle de la question de la compétence communautaire et du principe de subsidiarité, des pistes sont proposés pour opérer un rapprochement des législations nationales relatives au crédit hypothécaire. La proposition consiste à intégrer dans un seul instrument juridique contraignant (une directive européenne) les différentes propositions permettant d'opérer un rapprochement des législations nationales à trois niveaux :celui de la sûreté immobilière et de la publicité foncier, celui du contrat de prêt et enfin, celui relatif à la procédure de réalisation de l'immeuble.Doctorat en droit
info:eu-repo/semantics/nonPublished
4
SCHWADERER, Melanie Ariane. "Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM". Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.
Testo completoAbstract (sommario):
Defence date: 27 February 2019Examining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.
5
Lynskey, Orla. "Identifying the objectives of EU data protection regulation and justifying its costs". Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.608116.
Testo completo
6
Petroiu, Marius. "Forms of trade secret protection : a comparative analysis of the United States, Canada, the European Union and Romania". Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99150.
Testo completoAbstract (sommario):
This thesis is as an attempt to overview the forms of trade secret protection presently in place in the United States, Canada, the European Union and Romania. These jurisdictions were selected because they present a diversity of legal background and a variety of forms of trade secret protection.The introductory chapter deals with the historical and economic backgrounds of the trade secret protection. An overview of trade secret protection at international scale is also provided. The thesis compares the forms of trade secret protection available in each jurisdiction. Based on the survey, the thesis comes to an answer of the question of "What is the most appropriate form of trade secrets protection?".
The final chapter provides a number of conclusions and recommendations.
7
Thebaud, Edern. "Les produits-frontière dans la législation alimentaire de l'Union européenne: émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité". Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
Testo completoAbstract (sommario):
Si le droit connaît les médicaments et les denrées alimentaires, il ne reconnaît pas les alicaments. Or, ces dernières années ont vu l’apparition et le développement, sur le marché de l’Union européenne, de « produits-frontière » c'est-à-dire de produits se trouvant à la frontière entre les médicaments et les aliments. Confrontées à un vaste conflit de qualification causé par l’ambivalence conceptuelle des « produits-frontière », les institutions de l’Union ont, au nom de la libre circulation des marchandises ainsi que de la nécessité d’une protection accrue des consommateurs et de la santé publique, entamé, dès le début des années 2000, une large harmonisation des dispositions nationales relatives à ces produits. Considérés comme aliments, leur nature particulière nécessite cependant une approche adaptative de la part du législateur européen. Cette nouvelle approche de l’aliment par le droit, favorable à la reconnaissance d’une santé alimentaire, tant convoitée par la société contemporaine, ne résout toutefois pas l’ambiguïté quant à la place à accorder aux « produits-frontière » dans le corpus juridique de l’Union européenne.Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
8
BENÖHR, Iris. "Consumer law between market integration and Human Rights protection". Doctoral thesis, 2009. http://hdl.handle.net/1814/13302.
Testo completoAbstract (sommario):
Defence date: 18 December 2009Examining Board: Professor Christian Joerges, University of Bremen (supervisor), Professor Hans-W. Micklitz, European University Institute, Professor Roland Bieber, University of Lausanne, Professor Stephen Weatherill, University of Oxford
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis examines the relationship between fundamental rights and consumer protection in the European Union. Traditionally, consumer regulation has been applied as a onedimensional tool to achieve economic integration. In 2000, the Charter of Fundamental Rights broadened the scope of consumer law to include a social dimension; however, this initiative remains limited in practice, because of the abstract wording in the Charter, and because of the partly contrasting full-harmonisation strategy of the EU. Moreover, the Charter is not binding and it risks succumbing to traditional market-oriented policy tendencies. This thesis tries to build a bridge between the two approaches to consumer law - the market-oriented approach, and the fundamental-rights based approach. To do so, it suggests a new consumer concept, based upon the capability approach of the economist Amartya Sen. Such an approach enables the consumer to deal with the risks of increasingly integrated and complex markets, by focusing upon basic procedural rights. Three areas of consumer law have been gaining importance in recent times: credit agreements, telecommunications, and collective redress. Cases from these areas are considered here, as they exemplify the inter-action between fundamental rights, and participation in cross-border markets. First, cases in consumer credit illustrate the impact of fundamental rights on the provision of fair contractual conditions, and on access to responsible lending schemes. Second, the new telecommunication proposal highlights the importance of regulatory participation mechanisms for consumers, to ensure access to services of general interests and to ensure data protection in an increasingly privatised environment. Finally, collective redress mechanisms show how procedural innovations can improve judicial participation through the basic right of access to justice. The thesis concludes by proposing a new legal approach for consumer law in the EU, in order reach a compromise between social and economic demands.
9
OGORZALEK, Magdalena. "The action for injunction in EU consumer law". Doctoral thesis, 2014. http://hdl.handle.net/1814/34560.
Testo completoAbstract (sommario):
Defence date: 25 July 2014Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute; Professor Giorgio Monti, European University Institute; Professor Christopher Hodges, University of Oxford; Professor Norbert Reich, University of Bremen.
In 1998 the European Union adopted a new self-standing instrument of collective enforcement - the Action for Injunction. Until then, the main focus was on the improvement of the position of the individual consumer through the adoption of substantive consumer law directives. The Injunction Directive provides for a general framework on consumer law enforcement in national and cross-border litigation. Qualified entities, public agencies and/or consumer organisations, are granted legal standing. National courts are bound to mutually respect the standing of EU wide registered qualified entities. Outside these clear-cut rules on the mutual recognition of standing, the Injunction Directive remains largely silent. The implementation into 28 Member States swiftly revealed the rather limited harmonising effect. The thesis investigates and explains how despite the legally approved diversity, the Injunction Directive contains the potential to turn diversity into convergence. The key to understanding the potential is the thesis of dualism of enforcement measures. Read together with the Annex the Injunction Directive establishes the deep interconnection between collective and individual enforcement, of substantive and procedural enforcement, of judicial and administrative enforcement. The different levels and means of enforcement should not be regarded separately but should always be looked at in their interplay, in their mutual institutional design and their mutual impact. Evidence for convergence can be found in the Invitel judgment of the ECJ and in the practice of consumer organisations via co-ordination actions across borders by which they overcome the boundaries of collective vs. individual or judicial vs. administrative enforcement. Regulation 2006/2004 re-adjusts the dualistic structure of enforcement in favour of public bodies and promotes convergence through para-legal means, through new modes of enforcement, through co-operation and co-ordination outside courts and in open interaction between administrative bodies, to which consumer organisations are admitted on approval only.
10
PELTONEN, Ellinoora. "Private control instruments in the European consumer, occupational health and safety, and environmental policies". Doctoral thesis, 2010. http://hdl.handle.net/1814/15407.
Testo completoAbstract (sommario):
Defence Date: 06 December 2010Examining Board: Fabrizio CAFAGGI (Supervisor, EUI); Christian JOERGES (former EUI/University of Bremen); Colin SCOTT (University College, Dublin); Jyrki TALA (University of Turku and National Research Institute of Legal Policy, Helsinki)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
European Union’s (EU) legislature allows for EU level private interest governments (PIGs): stakeholders, industry, professional and co-operative bodies; and control entrepreneurs (PriCEs) to complement regulatory strategies. However, governance studies have infrequently conducted cross-sector analysis on how they assist in implementing EU policies. This study conducts cross-sector analysis of private compliance instruments (PCIs) utilised as partial implementing strategy to EU’s business regulation across consumer, worker health, safety and environmental policies. It introduces several opportunities to learn from differences. PriCEs appear operational PCIs throughout several legislative and private regulatory frameworks; regulatory sectors; targeting sector- or business-specific compliance; and employing either command-and-control or reflexive/responsive regulatory modes. However, workable 'in-house' PCIs implemented by PIGs necessitate specific market architecture and legislative pressure. Within sectors of health and safety of consumers and workers specific conditions may support in-house PCIs, which control business-specific compliance within command-and-control mode. However, within environmental sector, such in-house PCIs appear unfeasible. The EU legislature has also architected PCIs, which somewhat equate to reflexive/responsive mode, to consumer and environmental policies, whilst it has abstained from introduction of such instruments to worker health and safety due to autonomous social dialogue. Generally, at EU level, the potential for using outfitted reflexive mode PCIs appears greater than employing command-and-control mode in CPIs.
Libri sul tema "Consumer protection – Law and legislation – European Union countries"
2
Great Britain. Parliament. House of Lords. European Union Committee. European contract law - the way forward?: Report with evidence. London: Stationery Office, 2005.
Cerca il testo completo
3
Virpi, Tiili, Kanninen Heikki, Korjus Nina e Rosas Allan, a cura di. EU competition law in context: Essays in honour of Virpi Tiili. Oxford: Portland, Or., 2009.
Cerca il testo completo
4
Wiewiórowska-Domagalska, Aneta. Consumer sales guarantees in the European Union. Munich: sellier european law publishers, 2013.
Cerca il testo completo
5
Weatherill, Stephen. EU consumer law and policy. Cheltenham, UK: Edward Elgar, 2005.
Cerca il testo completo
6
Kuner, Christopher. European data protection law: Corporate compliance and regulation. 2a ed. Oxford: Oxford University Press, 2007.
Cerca il testo completo
7
Kelleher, Denis. IT law in the European Union. London: Sweet & Maxwell, 1999.
Cerca il testo completo
8
Comans, Clemens David. Ein "modernes" europäisches Datenschutzrecht: Bestandsaufnahme und Analyse praktischer Probleme des europäischen Datenschutzes unter besonderer Berücksichtigung der Richtlinie zur Vorratsdatenspeicherung. Frankfurt am Main: P. Lang, 2012.
Cerca il testo completo
9
Stamatoudi, Irini A. Cultural property law and the restitution of cultural property: A commentary to international conventions and European Union law. Northampton, MA: Edward Elgar Pub., 2011.
Cerca il testo completo
10
G, Xuereb Peter, Pace Roderick e State of the European Union Conference (1995 : University of Malta), a cura di. Economic and legal reform in Malta: State of the European Union Conference 1995. [Msida, Malta]: European Documentation and Research Centre, University of Malta, 1995.
Cerca il testo completoCapitoli di libri sul tema "Consumer protection – Law and legislation – European Union countries"
1
Celeste, Edoardo, e Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders". In Palgrave Studies in Digital Business & Enabling Technologies, 43–58. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
Testo completoAbstract (sommario):
Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
2
Hajnal, Zsolt. "The Emergence of Member States’ Characteristics in European and National Consumer Law". In The Policies of the European Union from a Central European Perspective, 173–95. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.aojb.poeucep_9.
Testo completoAbstract (sommario):
European legislation often has a significant impact on private laws in the Member States, especially consumer legislation. In the absence of national, strong consumer protection traditions, consumer protection legisla- tion in Central and Eastern European countries has been largely defined by European consumer law. In the chapter, I am looking for answers as to the specificities of these countries, their ability to enforce these in the EU’s main legislative trends, and how these countries have contributed to European Union consumer law.
3
Howells, Geraint. "22. European consumer law". In European Union Law, 704–30. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198855750.003.0022.
Testo completoAbstract (sommario):
This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.
4
Howells, Geraint. "23. European consumer law". In European Union Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198789130.003.0023.
Testo completoAbstract (sommario):
This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.
5
Wang, Faye Fangfei. "Consumer Privacy Protection in the European Union". In Privacy Protection Measures and Technologies in Business Organizations, 331–49. IGI Global, 2012. http://dx.doi.org/10.4018/978-1-61350-501-4.ch014.
Testo completoAbstract (sommario):
With the development of automated information systems, consumers’ decisions can be made based on models of individuals’ preferences without any personal interaction. This raises serious concerns regarding data-privacy protection. Up-to-date legislation and appropriate technological measures are needed to enhance lawful access, process, and storage of sensitive personal data under automated information systems. This chapter provides the general interpretation of the requirements of security, personal data breach notification systems, and enforcement mechanisms according to the EU data privacy protection legislation. It aims to examine and evaluate whether the EC Data Protection Directive in 1995 and the new EC e-Privacy Directive amended by the Directive 2009/136/EC are sufficient to ensure the security of the future development of automated information systems that automatically capture, process, store, and analyse sensitive personal data across the EU countries. It discusses the impact of the EC directives to business organizations and proposes solutions to enhance the protection of users’/consumers’ privacy from a legal perspective.
6
Tzoulia, Eleni. "Customer-Centric Marketing in the European Union from a Legal Perspective". In Advances in Marketing, Customer Relationship Management, and E-Services, 78–97. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-6547-7.ch004.
Testo completoAbstract (sommario):
Consumer-Centric Marketing is one of the latest methods employed by traders to influence and shape consumer behaviour in order to secure and increase demand for their products. This chapter analyses two forms of Consumer-Centric Marketing, the so-called Cause-Related Marketing and Relationship Marketing. It examines their logic and methods of application, before asking which legal issues might arise from the use of such practices. Then, European legislation on the protection of personal data and the current developments in Unfair Competition law in Europe are discussed, as well as the tactics that should be avoided by companies when implementing the above marketing methods to prevent a possible ban on their advertising.
7
Vukadinović, Slobodan. "Evropsko potrošačko pravo i njegov uticaj na razvoj potrošačkog prava Srbije". In 65 godina od Rimskih ugovora: Evropska unija i perspektive evropskih integracija Srbije, 189–214. Institute of Comparative Law, 2022. http://dx.doi.org/10.56461/zr_22.65godru.k2_v.
Testo completoAbstract (sommario):
The paper first considers the process of gradual emergence and development of the European system of consumer protection and consumer law. It is highlighted that Serbian legal system belongs to the European-continental legal system. Then, the sources of domestic law are identified which corroborate the commitment of the Republic of Serbia to harmonize domestic legislation with EU regulations, including the aspects of consumer protection. The impact of regulations, policies, strategies, programs, action plans and case law on the design and development of consumer law is analysed. EU law sources and key documents in the field of consumer protection are identified that had an impact during the preparation of the consumer protection laws in Serbia. The paper then points out to the characteristics of EU consumer policy and the specific rights inherent in EU consumer law. After reviewing the EU authorities in the field of consumer protection, the importance of the European Consumer Centres Network (ECC Net) is highlighted as well as the role of the Court of Justice of the European Union, in the field of EU consumer protection. The phases of development of consumer law in the EU and Serbia are being observed chronologically. After analysing key novelties adopted by domestic consumer protection laws, the paper accentuates current trends and specific challenges in EU consumer law that could be of importance for the further development of Serbian consumer law and planning in the coming period.
8
Tzoulia, Eleni. "Legal Issues to Be Considered before Setting in Force Consumer-Centric Marketing Strategies within the European Union". In Marketing and Consumer Behavior, 1708–28. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-7357-1.ch084.
Testo completoAbstract (sommario):
This chapter examines Consumer-Centric Marketing in the internal market from a legal standpoint. A legislative trend towards the protection of consumers' rights and individuals' privacy is witnessed in the European Union. Consumer-Centric Marketing, however, employs techniques that put consumers at a number of risks related to both their privacy and their economic freedom. The purpose of this chapter is to indicate the limits of legality pertaining to Consumer-Centric Marketing, when applied within the European Union. The chapter examines two forms of Consumer-Centric Marketing, i.e., the Cause-Related and the Relationship Marketing. It explains European legislation on the protection of personal data and all current developments in Unfair Competition law in Europe, and it presents the tactics that should be avoided by companies when implementing the above marketing methods, so as to prevent a possible ban on their advertising.
9
Tzoulia, Eleni. "Legal Issues to be Considered before Setting in Force Consumer-Centric Marketing Strategies within the European Union". In Customer-Centric Marketing Strategies, 36–56. IGI Global, 2013. http://dx.doi.org/10.4018/978-1-4666-2524-2.ch003.
Testo completoAbstract (sommario):
This chapter examines Consumer-Centric Marketing in the internal market from a legal standpoint. A legislative trend towards the protection of consumers’ rights and individuals’ privacy is witnessed in the European Union. Consumer-Centric Marketing, however, employs techniques that put consumers at a number of risks related to both their privacy and their economic freedom. The purpose of this chapter is to indicate the limits of legality pertaining to Consumer-Centric Marketing, when applied within the European Union. The chapter examines two forms of Consumer-Centric Marketing, i.e., the Cause-Related and the Relationship Marketing. It explains European legislation on the protection of personal data and all current developments in Unfair Competition law in Europe, and it presents the tactics that should be avoided by companies when implementing the above marketing methods, so as to prevent a possible ban on their advertising.
10
Varadi, Szilvia. "Regulating European Clouds". In Advances in Systems Analysis, Software Engineering, and High Performance Computing, 42–60. IGI Global, 2016. http://dx.doi.org/10.4018/978-1-5225-0153-4.ch002.
Testo completoAbstract (sommario):
Cloud Computing is a diverse research area that encompasses many aspects of sharing software and hardware solutions, including computing and storage resources, application runtimes or complex application functionalities. In the supply of any goods and services, the law gives certain rights that protect the consumer and provider, which also applies for Cloud Computing. This new technology also moves functions and responsibilities away from local ownership and management to a third-party provided service, and raises several legal issues, such as data protection, which require this service to comply with necessary regulation. In this chapter the author investigates the revised legislation of the European Union resulting in the General Data Protection Regulation, which will be used to set up the new European Data Protection Framework. The author gathers and summarizes the most relevant changes this regulation brings to the field of Clouds, and draws relations to the previous legislation called the Data Protection Directive currently in force.
Atti di convegni sul tema "Consumer protection – Law and legislation – European Union countries"
1
Imamović-Čizmić, Kanita, Elma Kovačević-Bajtal e Lejla Ramić. "COMPETITION LAW IN BOSNIA AND HERZEGOVINA: HOW READY WE ARE FOR THE CHALLENGES OF THE MODERN AGE?" In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18820.
Testo completoAbstract (sommario):
Bosnia and Herzegovina, having an extremely complex state system and at the same time being a developing country and economy in transition with a commitment to membership in the European Union, faces numerous challenges in adapting national legislation to the acquis communautaire. One of the key segments of the introduction of European standards is the establishment of an effective mechanism for the protection of competition in legislative and institutional terms. With the adoption of the Competition Law in 2005, which brings new solutions and is largely in line with the acquis, Bosnia and Herzegovina has made a significant step forward from the previous state of legal irregularity in this important segment. However, sixteen years of the enforcement of the BiH Competition Law have shown certain shortcomings regarding the particular solutions contained in it. These shortcomings concern the part of the provision of the law that regulates procedural issues, but also the functioning of the authority responsible for the protection of competition in Bosnia and Herzegovina and it can be assumed that these are obstructive elements in response to the challenges of COVID-19 pandemic. In order to follow the international trends, companies in BiH have entered into a process of business digitalization, which, however, being accelerated due to COVID-19 pandemic, has created many challenges before the Council of Competition of BiH as the authority responsible for public enforcement of the competition law. The aim of this paper is to question the extent to which COVID-19 pandemic has affected the work of the Council of Competition BiH, as well as to address some of the particular issues it has faced before the pandemic, including growing market concentration, growing power of digital platforms, protectionism, consumer vulnerability and consequent loss of public confidence. In order to meet the set research goals, the first part of the paper will present an analysis of the legal solutions in the context of the legal and institutional aspect of competition protection and will provide an overview of the situation regarding the digitalization of business operations in Bosnia and Herzegovina. The second part of the paper will provide an analysis of the work of the Council of Competition of BiH with special reference to the period of declaring the pandemic COVID-19.
2
Bodul, Dejan. "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.
Testo completoAbstract (sommario):
It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.