Download This PaperConsumer ADR after Implementation of the ADR Directive: Enforcing European Consumer Rights at the Detriment of European Consumer Law
European Review of Private Law 2016/1, p. 61-80
Amsterdam Law School Research Paper No. 2015-42
Centre for the Study of European Contract Law Working Paper Series No. 2015-11
17 Pages Posted: 4 Nov 2015 Last revised: 2 Mar 2016
Date Written: October 28, 2015
Abstract
Alternative dispute resolution (ADR) is seen by the European legislator as a key instrument for the enforcement of consumer rights. To further ADR, the EU has adopted the ADR Directive, which was to be implemented by the Member States by 9 July 2015. This paper shows that the Directive has shortcomings precisely where it is thought to provide solutions to existing problems with ADR. In addition, it is argued that while the current regulation of ADR may further the individual enforcement of EU consumer rights; it may also hinder the development of EU consumer law. To counteract this, it is suggested that a preliminary reference procedure is introduced for ADR entities at either to the European or the national level.
Keywords: Alternative dispute resolution (ADR), contract law, consumer law, EU consumer rights
JEL Classification: K12
Suggested Citation: Suggested Citation