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A Cross-Border-Only Regulation for Consumer Transactions in the EU

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Release : 2011-11-16
Genre : Law
Kind : eBook
Book Rating : 474/5 ( reviews)

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Book Synopsis A Cross-Border-Only Regulation for Consumer Transactions in the EU by : Christian Twigg-Flesner

Download or read book A Cross-Border-Only Regulation for Consumer Transactions in the EU written by Christian Twigg-Flesner. This book was released on 2011-11-16. Available in PDF, EPUB and Kindle. Book excerpt: For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This Brief argues that a more appropriate approach for EU consumer law would be legislation in the form of a regulation which is applicable to cross-border transactions only. The author considers the constitutional constraints of the EU Treaties, before examining the case for a cross-border-only measure. He argues that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods and services across borders, while not upsetting domestic law unnecessarily—in particular in the context of e-commerce, with implications for industry, policymaking, and regional development. The Brief concludes by suggesting that a successful EU measure on cross-border consumer transactions could create a template for global initiatives for transnational consumer law.

EC Consumer Law Compendium

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Release : 2009-04-27
Genre : Law
Kind : eBook
Book Rating : 247/5 ( reviews)

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Book Synopsis EC Consumer Law Compendium by : Hans Schulte-Nölke

Download or read book EC Consumer Law Compendium written by Hans Schulte-Nölke. This book was released on 2009-04-27. Available in PDF, EPUB and Kindle. Book excerpt: The EC Consumer Law Compendium presents the results of a wide-ranging study prepared for the European Commisison. This Compendium provides the reader with the necessary information for conducting pan-European cross-border consumer transactions. For the first time, the transposition of 8 key consumer directives (including those on sales, unfair terms, distance and doorstep selling as well as package travel and timeshare) into the national laws of all Member States is analyzed. The findings of this study reveal the substantial differences between the various national implementing measures as a result of utilising minimum harmonisation clauses and regulatory options.

EU Consumer Law and Policy

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Author :
Release : 2005-01-01
Genre : Law
Kind : eBook
Book Rating : 903/5 ( reviews)

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Book Synopsis EU Consumer Law and Policy by : Stephen Weatherill

Download or read book EU Consumer Law and Policy written by Stephen Weatherill. This book was released on 2005-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and up-to-date introduction to the subject, this title explains the evolution of consumer law and policy in the EC, both in terms of legislative and judicial activity.

European Consumer Access to Justice Revisited

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Release : 2014-11-20
Genre : Law
Kind : eBook
Book Rating : 228/5 ( reviews)

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Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka

Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka. This book was released on 2014-11-20. Available in PDF, EPUB and Kindle. Book excerpt: European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU – 'access to justice 2.0'.

The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective

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Release : 2012
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective by : Ursula Pachl

Download or read book The Common European Sales Law - Have the Right Choices Been Made? A Consumer Policy Perspective written by Ursula Pachl. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: From a broader policy point of view, introducing an optional regulatory tool with the aim of replacing national consumer law (itself based on EU legislation), even if only for cross-border contracts at first puts the entire raison d'être of the consumer law acquis into question. The harmonisation of EU consumer law has been one of the most successful flagships of European integration and has delivered tangible benefits and modern rights to consumers. Changing this regulatory policy by way of an experimental new tool which bears very clear and serious risks for consumers is undesirable. One of the many negative consequences of any such new policy approach is already apparent in relation to consumer contract rules for digital content products. As shown in point IV above, clarifying, updating and completing the existing acquis in order to provide solid rights for all European consumers in this area is both urgent and necessary. Yet the European Commission does not intend to put forward any “traditional” non-optional legislative initiative besides the proposed CESL. It gives the impression to trust business will step in by applying the optional instrument to provide for the necessary protection of European consumers. A short and mid-term strategy to promote cross-border consumer trade, established and implemented in a fully transparent and democratic process with the stakeholders, is necessary. Such a strategy is fleshed out in this paper.

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