Iris Benöhr
- Published in print:
- 2013
- Published Online:
- April 2014
- ISBN:
- 9780199651979
- eISBN:
- 9780191747885
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199651979.001.0001
- Subject:
- Law, EU Law, Company and Commercial Law
Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and case law which suggest this may be ...
More
Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and case law which suggest this may be changing. This incipient transformation arises from recent court cases and, above all, from the Lisbon Treaty and the EU Charter of Fundamental Rights. The Treaty contains new provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which adds a fundamental rights dimension to consumer protection. This evolution, however, is still at an early stage and may be thwarted by conflicting trends. Moreover, it may generate tensions between social objectives and economic goals. This book provides the first comprehensive analysis of these developments and examines new avenues that may be emerging in consumer law, focussing on three key areas: financial services, electronic communication, and access to justice. Through a systematic analysis of relevant cases, the book traces the development of a human rights dimension in consumer law and details the potential ramifications that the post-Lisbon legal framework may have on consumer protection and on related policy issues. It concludes by providing ideas for a new legal approach to consumer law, capable of striking a compromise between social and economic demands.Less
Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and case law which suggest this may be changing. This incipient transformation arises from recent court cases and, above all, from the Lisbon Treaty and the EU Charter of Fundamental Rights. The Treaty contains new provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which adds a fundamental rights dimension to consumer protection. This evolution, however, is still at an early stage and may be thwarted by conflicting trends. Moreover, it may generate tensions between social objectives and economic goals. This book provides the first comprehensive analysis of these developments and examines new avenues that may be emerging in consumer law, focussing on three key areas: financial services, electronic communication, and access to justice. Through a systematic analysis of relevant cases, the book traces the development of a human rights dimension in consumer law and details the potential ramifications that the post-Lisbon legal framework may have on consumer protection and on related policy issues. It concludes by providing ideas for a new legal approach to consumer law, capable of striking a compromise between social and economic demands.
Iris Benöhr
- Published in print:
- 2013
- Published Online:
- April 2014
- ISBN:
- 9780199651979
- eISBN:
- 9780191747885
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199651979.003.0004
- Subject:
- Law, EU Law, Company and Commercial Law
This chapter examines consumer protection and human rights from an interdisciplinary perspective. Starting from the observation that important socio-economic challenges will require the EU to move ...
More
This chapter examines consumer protection and human rights from an interdisciplinary perspective. Starting from the observation that important socio-economic challenges will require the EU to move beyond market integration objectives, it analyses a number of theories which could help to integrate ethical and social considerations into a novel system. Sen’s and Habermas’ theoretical approaches are shown to be particular useful in this respect, focussing on ‘substantive freedoms’ and participatory procedures. Practical applications of these theoretical insights are considered in the final part of the chapter.Less
This chapter examines consumer protection and human rights from an interdisciplinary perspective. Starting from the observation that important socio-economic challenges will require the EU to move beyond market integration objectives, it analyses a number of theories which could help to integrate ethical and social considerations into a novel system. Sen’s and Habermas’ theoretical approaches are shown to be particular useful in this respect, focussing on ‘substantive freedoms’ and participatory procedures. Practical applications of these theoretical insights are considered in the final part of the chapter.
