Europeanisation of EU Consumer Law 'Through the Back Door'
Review of European Administrative Law, Vol. 8, No 1, June 2015
Posted: 30 Oct 2017
Date Written: June 18, 2015
European consumers are increasingly exposed to procedural mechanisms deriving from the EU. They are affected by two proceduralisation phenomena: generic developments within the policy of judicial cooperation in civil matters, and 'sectoral proceduralisation', which is the main focus of this special issue – the proceduralisation of consumer law. While the paper briefly presents the first phenomenon and acknowledges its importance for consumers, it places much more emphasis on sectoral proceduralisation, reviewing legislative instruments and the procedural rules they introduce. It argues that, although limited to only a single area of substantive law, this kind of proceduralisation has the potential to affect consumers more significantly than the generic procedural mechanisms. However, this paper concludes that the European Union is in the early stages of the proceduralisation of consumer law. While it is yet to be seen how some of the latest procedural measures will affect consumers, the practical impact of 'proceduralisation of EU consumer law' remains limited at present.
Keywords: European consumer law, enforcement of consumer law, harmonization of civil procedure in the EU
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