The Real (New) Deal: Levelling the Odds for Consumer-Litigants On the Need for a Modernisation, Part II

Amsterdam Law School Research Paper No. 2019-24

Centre for the Study of European Contract Law Working Paper No. 2019-06

Law and Justice Across Borders Research Paper No. 2019-03

19 Pages Posted: 15 Jul 2019

See all articles by Joanna M.L. van Duin

Joanna M.L. van Duin

University of Amsterdam, Faculty of Law

Candida Leone

University of Amsterdam - Faculty of Law

Date Written: July 11, 2019

Abstract

With its New Deal proposals, the European Commission aimed to secure that all consumers “fully benefit from their rights under Union law”. We argue that such commitment requires taking a step back from an exclusive focus on enforcement, to tackle challenges to the justiciability of consumer rights. Consumers must be seen both in their role as claimants and when they act as defendants. By means of a case-study threading together the main developments in the case law of the Court of Justice of the European Union concerning procedural guarantees for consumers from the past year, we seek to highlight the shortcomings of the current reliance on ‘judicial harmonisation’. The identified shortcomings, we claim, show that limited harmonisation of civil procedure is required, with regard to establishing minimum protective standards in cases involving consumers. For interested readers, we also list a number of specific issues that we think such harmonisation should engage with.

Note: This paper has been submitted for a special issue of the European Review of Private Law with the proceeds of the conference ‘A New Deal for Civil Justice? The New Deal for Consumers and the Justiciability of EU Consumer Rights’ (Amsterdam, 11-12 April 2019).

Keywords: EU consumer law, consumer rights, modernisation, enforcement, access to justice, ex officio, procedural harmonisation

JEL Classification: K41, K20, K12

Suggested Citation

van Duin, Joanna and Leone, Candida, The Real (New) Deal: Levelling the Odds for Consumer-Litigants On the Need for a Modernisation, Part II (July 11, 2019). Amsterdam Law School Research Paper No. 2019-24; Law and Justice Across Borders Research Paper No. 2019-03. Available at SSRN: https://ssrn.com/abstract=3418275 or http://dx.doi.org/10.2139/ssrn.3418275

Joanna Van Duin (Contact Author)

University of Amsterdam, Faculty of Law ( email )

Amsterdam
Netherlands

Candida Leone

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
70
Abstract Views
302
rank
345,905
PlumX Metrics