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European Consumer Protection
Theory and Practice

$169.00 USD

James Devenney, Mel Kenny, Christian Twigg-Flesner, Vanessa Mak, Cristina Poncibò, Immaculada Barral-Viñals, Bastian Schüller, Chris Willett, Martin Morgan-Taylor, Amandine Garde, Alan Littler, Christopher Bisping, Lorna Gillies, Warren Swain, Axel Halfmeier, Paul Wragg, Monika Jagielska, Mariusz Jagielski, Jim Davies, Christine Reifa, Blanka Tomančáková, Rafał Mańko
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  • Date Published: May 2012
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781139368889

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  • This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.

    • Exploration of the European dimension to consumer protection deepens readers' understanding of its importance in the EU and its place in an integrating market
    • Comparative insights into consumer protection in common law and civil law jurisdictions alert readers to the challenges facing proposals for greater harmonisation, consolidation and codification of private law in this area
    • Analysis of the broader dimensions of European private law increases readers' understanding of the scope of protective mechanisms in private law
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    Product details

    • Date Published: May 2012
    • format: Adobe eBook Reader
    • isbn: 9781139368889
    • contains: 2 b/w illus. 2 tables
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Introduction James Devenney and Mel Kenny
    Part I. Consumer Protection Strategies and Mechanisms in the EU:
    1. From minimal to full to 'half' harmonisation Norbert Reich
    2. Comment: the future of EU consumer law - the end of harmonisation? Christian Twigg-Flesner
    3. Two levels, one standard? The multi-level regulation of consumer protection in Europe Vanessa Mak
    4. A modernisation for European consumer law? Cristina Poncibò
    5. Effective enforcement of consumer law: the comeback of public law and criminal law Peter Rott
    6. E-consumers and effective protection: the online dispute resolution system Immaculada Barral-Viñals
    7. Unfair terms and the draft common frame of reference: the role of non-legislative harmonisation and administrative co-operation? James Devenney and Mel Kenny
    Part II. Conceptualising Vulnerability:
    8. The definition of consumers in EU consumer law Bastian Schüller
    9. Recognising the limits of transparency in EU consumer law Chris Willett and Martin Morgan-Taylor
    10. The best interests of the child and EU consumer law and policy: a major gap between theory and practice? Amandine Garde
    11. Protecting consumers of gambling services: some preliminary thoughts on the relationship with European consumer protection law Alan Littler
    Part III. Contextualising Consumer Protection in the EU:
    12. Consumer protection and overriding mandatory rules in the new Rome I regulation Christopher Bisping
    13. Determining the applicable law for breach of competition claims in the Rome II regulation and the need for effective consumer collective redress Lorna Gillies
    14. Horse sales: the problem of consumer contracts from a historical perspective Warren Swain
    15. The role of private litigation in market regulation: beyond 'legal origins' Axel Halfmeier
    16. Advertising, free speech and the consumer Paul Wragg
    17. Are consumer rights human rights? Monika Jagielska and Mariusz Jagielski
    18. Consumer protection in a normative context: the building blocks of a consumer citizenship practice Jim Davies
    19. Recommended changes to the definitions of 'auction' and 'public auction' in the proposal for a directive on consumer rights Christine Reifa
    20. Consumer law regulation in the Czech Republic in the context of EU law: theory and practice Blanka Tomančáková
    21. Resistance towards the unfair terms directive in Poland: the interaction between the consumer acquis and a post-socialist legal culture Rafał Mańko
    Part IV. Conclusions:
    22. European consumer protection: theory and practice Mel Kenny and James Devenney.

  • Editors

    James Devenney, University of Exeter
    James Devenney is Professor of Commercial Law at the Law School, University of Exeter.

    Mel Kenny, De Montfort University, Leicester
    Mel Kenny is Reader in Commercial Law at Leicester Law School.

    Contributors

    James Devenney, Mel Kenny, Christian Twigg-Flesner, Vanessa Mak, Cristina Poncibò, Immaculada Barral-Viñals, Bastian Schüller, Chris Willett, Martin Morgan-Taylor, Amandine Garde, Alan Littler, Christopher Bisping, Lorna Gillies, Warren Swain, Axel Halfmeier, Paul Wragg, Monika Jagielska, Mariusz Jagielski, Jim Davies, Christine Reifa, Blanka Tomančáková, Rafał Mańko

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