The Legality Requirement of the ADR Directive: Just Another Paper Tiger?

Journal of European Consumer and Market Law (EuCML) 2016-2 (Forthcoming)

Leiden Law School Research Paper

19 Pages Posted: 12 Mar 2016

See all articles by Marte Knigge

Marte Knigge

Leiden University - Leiden Law School

Charlotte Pavillon

University of Groningen - Faculty of Law; affiliation not provided to SSRN

Date Written: March 10, 2016

Abstract

The EU Directive on alternative dispute resolution (ADR) aims at making available alternative ways of resolving disputes between consumers and businesses which are fast, simple and affordable. It sets out many quality requirements ADR schemes established under said Directive must comply with: expertise, impartiality, transparency, effectiveness, fairness and legality. This paper focuses on the legality requirement laid down in Article 11 paragraph 1 lit. (a). This provision in a nutshell requires Member States to warrant that ADR rulings binding the consumer do not depart from mandatory law to his detriment. The question is whether this requirement will help achieve the high level of consumer protection aimed at by the ADR Directive. The conclusion of this paper is not an optimistic one. Neither the ADR Directive nor the transposition legislation in the investigated Member States seems to have put much thought into the effective enforcement of the legality requirement. In the paper we make some suggestions for improvement.

Keywords: Alternative Dispute Resolution, Consumer Law, EU Directive, Consumer Protection, Enforcement

Suggested Citation

Knigge, Marte and Pavillon, Charlotte, The Legality Requirement of the ADR Directive: Just Another Paper Tiger? (March 10, 2016). Journal of European Consumer and Market Law (EuCML) 2016-2 (Forthcoming); Leiden Law School Research Paper. Available at SSRN: https://ssrn.com/abstract=2745886

Marte Knigge

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

Charlotte Pavillon (Contact Author)

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

affiliation not provided to SSRN

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