EU Consumer Law and Human Rights

Benöhr, Iris

doi:10.1093/acprof:oso/9780199651979.001.0001

Cited by 53 publications

(11 citation statements)

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“…The revised UNGCP therefore reflect a general shift from a focus on "traditional" mechanisms of redress, towards a broader access to justice approach, which aims to provide consumers with a wider choice between different dispute resolutions and redress options (Benöhr 2013;Cappelletti 1993;UNCTAD Manual 2017, 83-88). In particular, the quality requirements for collective redress and alternative dispute resolution mechanisms set by the new UNGCP constitute an important step in facilitating access to justice.…”

Section: Dispute Resolution and Redressmentioning

confidence: 99%

The United Nations Guidelines for Consumer Protection: Legal Implications and New Frontiers

Benöhr

2020

J Consum Policy

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Section: Dispute Resolution and Redressmentioning

confidence: 99%

The United Nations Guidelines for Consumer Protection: Legal Implications and New Frontiers

Benöhr

2020

J Consum Policy

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“…193 In particular, globalisation and technological developments create new realities for customers in which they are exposed to different challenges such as risk of abuse, information asymmetries, and difficulties regarding access to justice. 194 Such new market developments prompted in the EU the idea to confront the challenges facing customers also in the context of the human rights framework and thereby to add the provision in the EU Charter specifying that EU policies shall ensure a high level of consumer protection (Article 38 EU Charter).…”

Section: Substantive Scope Of the Rightmentioning

confidence: 99%

Lists of Ethical, Legal, Societal and Economic Issues of Big Data Technologies

et al. 2017

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Data-driven innovation is deeply transforming society and the economy. Although there are potentially enormous economic and social benefits this innovation also brings new challenges for individual and collective privacy, security, as well as democracy and participation. The main objective of the CSA e-SIDES is to complement the research on privacy-preserving big data technologies, by analyzing, mapping and clearly identifying the main societal and ethical challenges emerging from the adoption of big data technologies, conforming to the principles of responsible research and innovation; setting up and organizing a sustainable dialogue between industry, research and social actors, as well as networking with the main Research and Innovation Actions and Large Scale Pilots and other framework program projects interested in these issues. It will investigate stakeholders' concerns, and collect their input, framing these results in a clear conceptual framework showing the potential trade-offs between conflicting needs and providing a basis to validate privacy-preserving technologies. It will prepare and widely disseminate community shared conclusions and recommendations highlighting the best way to ultimately build confidence of citizens and businesses towards big data and the data economy. Second, the legal perspective focuses on the lists of human rights derived from the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights (the EU Charter), which together constitute the main legal framework for the EU in the field of human rights. The rights of particular relevance in the context of big data technologies are the rights to private and family life, personal data protection, freedom of expression and information, freedom of assembly and association, nondiscrimination, fair trial and consumer protection. By analysing the normative scope of each of these human rights, looking at both legislation and case law of the European courts and the way in which big data technologies challenge different aspects of each human right at stake, the legal part distils the list of the most relevant issues at the nexus of big data technologies and human rights in the EU. The legal issues identified are: lack of transparency, vagueness of the concept of harm, accountability, proportionality, establishing a regulatory framework and the role of private actors in applying fundamental rights.Third, the societal perspective makes use of the extensive literature on Societal Impact Assessments (SIA). The analysis of literature was combined with a review of research project propositions and complemented by discussions at two workshops. Societal impact is very generally understood as changes to one or more of a number of elements of social life: people's way of life, their culture, their community, their political systems, their environment, their health and well-being, their personal and property and their fears and aspirations. The societal issues are mapped by examining different actors and distinctions between thes...

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“…Micklitz identified commonalities and differences in organization, areas, and activities of four European consumer protection models in the 1970s: common law, the Roman (or Mediterranean), the German, and the Scandinavian approaches (Benöhr 2013;Micklitz 2004Micklitz , 2003. Common law, being pragmatic by nature, constrained regulation to certain areas such as product liability and competition and promoted self-regulation, while the Roman tradition with its legacy of policy centralism highlighted the interplay between free markets and interventionism.…”

Section: Commonalities In the Development Of Marketsmentioning

confidence: 99%

“…Consequently, competition rules have a prominent role in the free movement of goods and services, and the European Member States have also regulated markets in other ways to protect consumers from, for instance, product-related damages and fraud. European consumer law, in turn, developed through its linkages with the Single Market in the 1990s and later progressed in the direction of full harmonization (Benöhr 2013). Regulation that targets better market performance also aims to foster conditions favourable to innovations and dynamic business environments in the global economy.…”

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confidence: 99%

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Regime Market Performance Analysis: Informing European Consumer Policy

Repo

Timonen

2016

J Consum Policy

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The Single Market of the European Union has progressed during recent decades to encompass more than 500 million consumers in 28 EU Member States and adjoining countries. During the same period, consumer issues have received growing policy interest and policy measures have been put in place to harmonize the Single Market, that is, to make national markets more alike. Yet, in order to provide policy measures that promote desirable market outcomes, the considerable challenge of understanding differences in the market performances of participating countries and the relationships between national markets and the Single Market need to be addressed. Consequently, this article proposes the consideration of differences in terms of regimes, that is, between groups of similar countries, when assessing the performances of markets. Differences in market performances are analysed with the Kruskal-Wallis test using survey data from the European Commission, and results were reviewed against market studies carried out by the Commission. Findings show that regime differences in market performance can indeed be observed and that the regime approach can draw policy attention to commonalities in market arrangements in addition to the consumer issues conventionally examined, such as price differences and consumer awareness.Keywords Consumer markets scoreboard . Consumer policy . Market performance . Policy regimes . Single market During recent decades, consumption has increasingly become a political project, and the European Union has worked to promote a vision of European consumer society based on access, individual choice, and trust in the market. The Single Market of Europe has evolved to cover 28 Member States and adjoining countries and consists of numerous markets of which

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EU Consumer Law and Human Rights

Cited by 53 publications

References 0 publications

The United Nations Guidelines for Consumer Protection: Legal Implications and New Frontiers

The United Nations Guidelines for Consumer Protection: Legal Implications and New Frontiers

Lists of Ethical, Legal, Societal and Economic Issues of Big Data Technologies

Regime Market Performance Analysis: Informing European Consumer Policy

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