The disputable scope of EU competence to regulate consumer law

C 2017

The disputable scope of EU competence to regulate consumer law

SEHNÁLEK, David

Basic information

Original name

The disputable scope of EU competence to regulate consumer law

Authors

SEHNÁLEK, David (203 Czech Republic, guarantor, belonging to the institution)

Edition

Lublaň, Varstvo potrošnikov pri spletnem poslovanju, p. 223-234, 12 pp. 2017

Publisher

GV Založba

Other information

Language

English

Type of outcome

Kapitola resp. kapitoly v odborné knize

Field of Study

50501 Law

Country of publisher

Slovenia

Confidentiality degree

není předmětem státního či obchodního tajemství

Publication form

printed version "print"

References:

Open access knihy

RIV identification code

RIV/00216224:14220/17:00120295

Organization unit

Faculty of Law

ISBN

978-961-247-367-9

Keywords in English

consumer protection; EU competences; internal market; harmonization; small and midsized business

Abstract

V originále

The author focuses on the scope of the competence of the EU to regulate matters related to consumer protection and specifically on the way in which this competence is exercised. The traditional approach of the EU to the regulation of consumer law is discussed. The author reminds that the current legal basis of European consumer protection law is vitally connected with the internal market and with the trade between Member States and that there is no legal basis for EU legislation on consumer protection in general where there is no link to proper functioning of internal market. The EU policy, which is often too unreservedly supported by national governments, tends to ignore this fact and focuses more the policy itself. The author expresses the opinion that such approach is not correct for both legal and practical reasons. The disputable existence of EU competence is the main legal argument against a general EU regulation of consumer law. The majority of all transactions have a purely internal character with no link to the internal market whatsoever. Harmonization of rules establishes one common standard of a consumer applicable to all EU consumers, creating a “Chimera” of a “European consumer”, which in practice does not exist. Harmonization cannot sufficiently reflect the different needs and preferences in European countries. Questionable is also the whole idea of consumer protection at its current high level as it may represent an obstacle to free competition on internal market and generate a burden that might be unbearable for small and midsized business, which is often too easily overlooked.

Citovat

SEHNÁLEK, David. The disputable scope of EU competence to regulate consumer law. In Ana Vlahek, Matija Damjan. Varstvo potrošnikov pri spletnem poslovanju. Lublaň: GV Založba, 2017, p. 223-234. ISBN 978-961-247-367-9.

@inbook{1386684,
   author = {Sehnálek, David},
   address = {Lublaň},
   booktitle = {Varstvo potrošnikov pri spletnem poslovanju},
   editor = {Ana Vlahek, Matija Damjan},
   keywords = {consumer protection; EU competences; internal market; harmonization; small and midsized business},
   howpublished = {tištěná verze "print"},
   language = {eng},
   location = {Lublaň},
   isbn = {978-961-247-367-9},
   pages = {223-234},
   publisher = {GV Založba},
   title = {The disputable scope of EU competence to regulate consumer law},
   url = {http://www.dlib.si/stream/URN:NBN:SI:DOC-I0YJL4JR/41ef8e18-e1e2-4ba5-a755-294c30c3af50/PDF},
   year = {2017}
}

TY  - CHAP
ID  - 1386684
AU  - Sehnálek, David
PY  - 2017
TI  - The disputable scope of EU competence to regulate consumer law
VL  - Neuveden
PB  - GV Založba
CY  - Lublaň
SN  - 9789612473679
KW  - consumer protection
KW  - EU competences
KW  - internal market
KW  - harmonization
KW  - small and midsized business
UR  - http://www.dlib.si/stream/URN:NBN:SI:DOC-I0YJL4JR/41ef8e18-e1e2-4ba5-a755-294c30c3af50/PDF
N2  - The author focuses on the scope of the competence of the EU to regulate matters related to consumer protection and specifically on the way in which this competence is exercised. The traditional approach of the EU to the regulation of consumer law is discussed. The author reminds that the current legal basis of European consumer protection law is vitally connected with the internal market and with the trade between Member States and that there is no legal basis for EU legislation on consumer protection in general where there is no link to proper functioning of internal market. The EU policy, which is often too unreservedly supported by national governments, tends to ignore this fact and focuses more the policy itself. The author expresses the opinion that such approach is not correct for both legal and practical reasons. The disputable existence of EU competence is the main legal argument against a general EU regulation of consumer law. The majority of all transactions have a purely internal character with no link to the internal market whatsoever. Harmonization of rules establishes one common standard of a consumer applicable to all EU consumers, creating a “Chimera” of a “European consumer”, which in practice does not exist. Harmonization cannot sufficiently reflect the different needs and preferences in European countries. Questionable is also the whole idea of consumer protection at its current high level as it may represent an obstacle to free competition on internal market and generate a burden that might be unbearable for small and midsized business, which is often too easily overlooked.
ER  -

SEHNÁLEK, David. The disputable scope of EU competence to regulate consumer law. In Ana Vlahek, Matija Damjan. \textit{Varstvo potrošnikov pri spletnem poslovanju}. Lublaň: GV Založba, 2017, p.~223-234. ISBN~978-961-247-367-9.

Detailed Information on Publication Record