Does 'European Regulatory Contract Law' Enhance Citizens' Rights? An Analysis of Consumer and Services Law from Theory to Practice
32 Pages Posted: 5 Nov 2015
Date Written: November 5, 2015
Abstract
The paper analyses the interplay between European regulatory private law and citizens' rights. The financial and sovereign debt crisis has strongly weakened the confidence of the European citizens in the European Union. The Author argues that European regulatory contract law, conveyed by EU secondary law, constitutes a valuable tool to strengthen the citizens' access to goods and services offered by the internal market. This hypothesis is supported by the analysis of recent developments of consumer and services law with regard to law-making and enforcement. In particular, the Court of Justice (ECJ) has assumed a prominent position in ensuring high standards of contractual protection for consumers, clients and users in mortgages and services markets (e.g. energy, telecoms). The high contractual protection of vulnerable parties does not only create the conditions for an effective functioning of internal market but it also grants access to essential goods and services.
Keywords: European Union citizenship, European regulatory contract law, vulnerable consumer, access rights
JEL Classification: K12
Suggested Citation: Suggested Citation