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This assignment will deal with jurisdiction of consumer protection in the European Union. For the simplicity, the assignment will be divided in few paragraphs that will explain what consumer protection is, what is consumer protection in the European Union, which jurisdiction rules and governs consumer protection issues in EU and national laws of the two Member States, for the comparison – Republic of Croatia and United Kingdom.
Introduction
Consumer is a person who purchases goods and services. Nowadays economical society is dealing with all kinds of social interactions, issues and relations, there are many laws and organizations that are governing consumer protection, which are established in order to ensure rights of consumers in fair-trade and obtaining correct information for them. Main goal of these organizations and law is to prevent any kind of fraud of unlawful acts regarding consumers. One of the fundamental values of the European Union is promoting consumer’s rights. Entering into membership of the European Union automatically ensures laws of protection for consumers. The body dealing with consumer protection in European Parliament is called Internal Market and Consumer Protection Committee.
Internal Market and Consumer Protection Committee
In the European Union, legislation guarantees that every citizen of EU has right to be treated fairly at buying or paying. It is specifically mentioned in the Charter of Fundamental Rights, Article 38 – Consumer protection, which states that “Union policies shall ensure a high level of consumer protection.”
European legislation guarantees fair treatment, products that are of acceptable standards and right of repay if products are not right. As mentioned, Internal Mar...
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...e European Union, retrieved from: http://europa.eu/pol/pdf/flipbook/en/consumer_en.pdf
Office of Fair Trading, retrieved from: http://www.oft.gov.uk/
United Kingdom Consumer Rights, Trading Standards Institute, retrieved from: http://www.ukecc-services.net/ukycr.cfm
Baretić, M. (2003a), Implementation of consumer law of the European Community in Croatian law, Pravo u gospodarstvu 42 (2003), retrieved from: http://link.springer.com/article/10.1007%2Fs10603-013-9238-9
Charter of Fundamental Rights of the European Union, 2007, European Parliament Council Commission
Internal Market and Consumer Protection, European Parliament/Committees, retrieved from: http://www.europarl.europa.eu/committees/en/imco/home.html
European Standards, Health and Consumers/Consumers, European Commission, retrieved from: http://ec.europa.eu/consumers/safety/euro_standards/index_en.htm
Firstly it is important to explore the reason of Consumer Law. Consumer Law is designed to prevent business to engage in unfair practices, gaining an advantage over competition and also to provide protection to those who are weak. Furthermore it is to provide protection to consumer, encourage consumption and help inform consumer and suppliers of their rights. Additionally Consumer Law helps deliver a competitive economy which engages in fair trade actions.
A consumer is a person who is seeking for products and services for personal, domestic and household use or consumption only.
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
Ombudsmen are required to provide services with respect for human dignity and the individuality of the consumer, regardless of their social or economic status, personal characteristics, or lifestyle choices. Ombudsman must advocate for consumer’s access to services and promote their right to self- determination. Ombudsmen must also identify as a professional and always be aware of their body language while working with consumers. All consumers must be treated with respect and we must practice patience when working with them.
Competition law in the European Union has developed from being an uncertain preoccupation of a few economists, lawyers and officials to one of the leading competition law system in the globe. Nonetheless, in agreement with most commentators, there are inherent flaws within the EU Commission’s procedures. This paper aims to provide an account of concerns in the current system, drawing comments from scholars and EU officials in order to demonstrate both benefits and shortcomings of the system. An overview of the legal and policy debate of the current EU Competition enforcement will be presented as the introduction. Policy concerns such as prosecutorial bias and self-incrimination in enforcement powers will be the main subjects for the purpose of this paper, followed by analysis of the EU commission structure, in particular checks and balances and the hearing process, both of which have been claimed being incompatible with the ECHR. A comparison with the US Antitrust system will also be paralleled through out this essay in order to demonstrate a clearer examination. This essay will conclude with the Commission’s flaws that have effected on the upcoming UK competition law reforms.
Ciro, T., Goldwassser, V., Verma, R. (2011). Law and Business (3rd ed) Oxford University Press.
In fact, the implementation of consumer protection law also has the vested interest for businesses. It is a given fact that businesses have to take into account consumers' interest if they want to thrive in a competitive market. In view of our ever advancing technology, liberalisation and globalisation has increased economic competition by leaps and bounds. Many companies sell the same goods at similar prices and one of the few ways to stand out is to successfully satisfy the customers. Consumer protection sets the baseline of how a company should respect the interest and safety of the consumers. By taking into consideration the needs of consumers, businesses will then be able to keep up with both internal and international competition. Furthermore, apart from consumers, suppliers and retailers are also some of the other stakeholders that companies must keep in mind. Companies can only thrive and survive in the industry by getting resources from suppliers. Working in the business industry requires mutual trust that is built upon honesty and being forthright. If a company does not even fulfil the basic requirement of consumer protection, businesses will take a hit, and in turn suppliers and retailers will be affected as well. Suppliers and retailers might not wish to collaborate with the company and this will result in business complications. Hence, respecting consumers' rights is both beneficial for the consumers as well as the
Different rules and regulations are made to protect consumer rights. Through social cultural analysis people have also analyzed the change in their life styles.
With the growing competition and an attempt to increase the market sales, shares manufactures and service providers may engage in unscrupulous, unfair practices. A consumer might be exposed to risks due to unsafe products and suffer from consequences. Sellers sometimes indulge in a higher pricing mechanism, hoarding etc.
Miles, C., and Snow, A. 1978. Food and drinks retailing policies: a comparative analysis in the Europe. Journal of retailing and consumer services, vol. 9, 3, pp.144-168.
Consumers today operate in increasingly complex markets, challenged by growing amounts of information and an expanding choice of products. Making sound choices and protecting consumer interests require a wide range of skills and knowledge. Consumer information is critical in this regard, it can be termed as the process by which we develop and enhance skills and knowledge to make well informed and reasonable choices that take societal values and objectives into account. This can help develop critical thinking and raise awareness, thereby enabling consumers to become more pro-active. It is also an important vehicle for building the confidence that consumers need to operate in increasingly complex markets. This helps to encourage the concept of consumer sovereignty whereby individuals and households are able to decide for themselves what they want to buy and consume. To add onto, this consumer information in the twenty first century covers more diverse areas than it has in the past. It now covers, for example consumer rights and obligations and sustainable consumption among others in order to enable them develop better decision making skills throughout consumer lives.
would like to put you in a situation and show you how a consumer can
All around the world there are laws made by municipal, provincial, and federal governments that are made to have a positive impact on its people. If you decide to rob a bank, or decide to hijack a vehicle, there are serious consequences due to the law. These laws positively impact our society by giving our society safety, but do laws such as the Consumer Protection Act, or the Employment Standards Act also give us a positive effect? Both of these acts are made up of many different parts, and I will be going through parts of both acts in this essay.
...der to ensure that the quality of its products is upheld (Grover & Vriens 2006, p. 147).
Consumer protection is an essential and extensive system of laws intended to safeguard the rights of consumers and encourage fair trade and honest information in the marketplace . Consumer protection encompasses three key areas, known as unfair trading practices, losses or damage and finally, unsafe products. Protection from unfair trading practices is established through the education of consumers in regards to their rights and obligations, losses or damage is monitored by enforcing consumer laws against unscrupulous traders whist unsafe products are regulated through rigorous safety standards . Consumer protection also aims to prevent unlawful trade practices by educating businesses of their rights and responsibilities and protecting the marketplace from the unlawful practices of other businesses. The following reported discusses Australia’s legal protection offered towards consumers currently, recent reforms undergone by the system and areas potentially applicable for reform in the future. In particular the report looks in the Australian Consumer Law (Cth) 2011 and the widespread implications of the legislation.