Enforcing EU Consumer Policy Through Different Layers: Combining the Judicial and the Out-of-Court Mechanisms

26 Pages Posted: 8 Nov 2014 Last revised: 9 Nov 2014

See all articles by Pablo Cortes

Pablo Cortes

University of Leicester - School of Law

Date Written: November 7, 2014

Abstract

This paper will analyse the new EU legal framework for enforcing consumer law through various layers: public enforcement bodies, judicial mechanisms and out-of-court redress schemes. Accordingly, it will depart from a brief examination of the changes in the Consumer Protection Cooperation Regulation, it will then analyse the judicial options offered by small claims processes and collective redress, and lastly it will examine the new framework on out-of-court redress and the impact that it will have on three radically different redress cultures: Italy, Spain and the UK. The paper concludes arguing that the growth of out-of-court mechanisms to facilitate compliance with consumer law poses new challenges and opportunities in ensuring an adequate enforcement of EU consumer law.

Keywords: Consumer Redress, Consumer Protection, ADR, Collective Redress, Public Enforcement, EU Law

Suggested Citation

Cortes, Pablo, Enforcing EU Consumer Policy Through Different Layers: Combining the Judicial and the Out-of-Court Mechanisms (November 7, 2014). University of Leicester School of Law Research Paper No. 14-27, Available at SSRN: https://ssrn.com/abstract=2520487 or http://dx.doi.org/10.2139/ssrn.2520487

Pablo Cortes (Contact Author)

University of Leicester - School of Law ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

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