EU Law and Consumer Protection- new trends. Lecturer Razvan Viorescu Suceava University. What is happening?. European single market driving new EC consumer policy and law Harmonisation Aims Competitive markets Consumer protection Consumer empowerment Cross border fraud New style law
Lecturer Razvan Viorescu
The consumer has the following main rights:
Article 95 EC – harmonisation of law for creation of Internal Market; Article 153 – consumer protection –
Consumer Protection Directives (dual aims – competition and consumer protection) – contract law (doorstep sales, consumer credit), tort (delict) (product liability), administrative law (product safety)
EU policies shall ensure a high level of consumer protection (art.38 Charter of Fundamental Rights, approved in December 2000)
The economic interests of consumers are protected in the European Union Member States through several directives which are approximating the rules of the following contracts: Distance contracts; Distance contracts for financial services; contacts negotiated away from business premises; purchase of the rights to use immovable properties on a timeshare basis; sale of consumer goods and associated guarantees; package travel. The position of consumer in air transports and in financial services has been also regulated through several European directives
Prohibition for the trader to exploit his position of power in relation to a consumer: prohibition of unfair terms in consumer contracts (Directive 93/13);prohibition of unfair commercial practices (directive n.2005/29/CE)
Right for the consumer of an effective administrative or judicial protection. Interim Measures (also by way of summary procedure). Recognition of the role of the consumer association aimed at protecting collective interests. Cooperation between national authorities responsible for the enforcement of consumer protection laws (Regulation n.2006 of 2004)
According to art.153 of the EC Treaty Consumer protection requirements shall be taken into account in defining and implementing other Community policies and activities.
Maastricht (EU pillar – judicial cooperation in civil matters);
Amsterdam (establishing an ‘area of freedom, security and justice’ – EC policy);
Tampere European Council;
The Hague programme 2005 – 2010
(better access to justice, mutual recognition of judicial decisions and increased convergence of procedural law).