The European Union single market needs to tackle an outstanding issue to boost competitiveness and growth: a trust-based redress framework that ensures the effectiveness of consumers’ rights. The current disparities among dispute resolution mechanisms, added to the fact that in practice many do not guarantee participation and enforceability, are serious obstacles to this goal. Trust and the integration of certain dispute avoidance tools added to the regulation of some common enforcement mechanisms are key issues in the field of consumer protection. The goal of this article is to offer some insights within the context of the European Union legislative proposals aimed at improving the current redress system. |
Search result: 11 articles
Part II Private Justice |
Reputational Feedback Systems and Consumer RightsImproving the European Online Redress System |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | reputational feedback systems, consumer’s protection, dispute resolution, ADR, ODR, enforceability, ecommerce, European redress system small claims |
Authors | Aura Esther Vilalta Nicuesa |
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Article |
The Competition Law Provisions of the 60-Year-Old Treaty of RomeWhat Has Changed, What Has Not, and What Has Been Left Out |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2018 |
Authors | Tihamér Tóth |
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Article |
The Harmonization Potential of the Charter of Fundamental Rights of the European Union |
Journal | European Journal of Law Reform, Issue 2-3 2018 |
Keywords | application of EU law, Article 51 of the Charter, Charter of Fundamental Rights of the EU, Court of Justice, jurisdiction of the Court of Justice, market freedoms, spontaneous harmonization |
Authors | Filippo Fontanelli and Amedeo Arena |
AbstractAuthor's information |
This article discusses two underrated and connected aspects that determine the applicability of the EU Charter on Fundamental Rights to Member State measures. First, the Charter can be a decisive standard of review for domestic measures only when they are covered by EU law but are not precluded by it. In this respect, the distinction between non-preclusion and non-application of EU law has been overlooked by legal scholarship. Second, because the scope of application of EU law and that of the Charter are identical, the latter suffers from the same uncertainties as the former. This article concludes that the entry into force of the Charter has exposed the blurred contours of the application of EU law, in particular in the area of the market freedoms. As a result, a certain spontaneous harmonization of human rights protection has emerged. |
Article |
Ideas for the Recent Development of Long-Term Sustainability of Outer Space ActivitiesFrom the Perspective of Active Space Debris Removal |
Journal | International Institute of Space Law, Issue 1 2017 |
Authors | Jie Long |
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Article |
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Journal | Erasmus Law Review, Issue 4 2016 |
Keywords | Classification of jurisdictions, international comparative tax law, tax law methodology |
Authors | Renate Buijze |
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The number of comparative tax law studies is substantial. The available literature on the methodology behind these tax comparisons, however, is rather limited and underdeveloped. This article aims to contribute to the theoretical background of tax comparisons by explicating methodological considerations in a comparative tax research on tax incentives for cross-border donations and relating it to the available methodological literature. Two aspects of tax law make comparative research in tax law a challenging endeavour: its complexity and fast-changing nature. To overcome these issues, this article proposes to divide jurisdictions into a limited number of categories. In this process the different legal levels are analysed systematically, resulting in categories of jurisdictions. Among the jurisdictions in one category, common characteristics are identified. This results in an abstract description of the category. I use the term ‘ideal types’ for these categories. The high level of abstraction in the use of ideal types allows for comparison of tax jurisdictions, without the risk that the comparison gets outdated. An additional advantage of working with ideal types is that the conclusions of the comparison can be applied to all jurisdictions that fit in the ideal type. This increases the generalisability of the conclusions of the comparative tax research. |
Article |
Challenges Related to the Power of the European Central Bank to Apply National Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2016 |
Authors | Olivier Voordeckers |
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Article |
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Journal | Erasmus Law Review, Issue 1 2016 |
Keywords | Incorporation and internalisation, transnational commercial transactions, transnational commercial norms |
Authors | Bo Yuan |
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In today’s global economy, a noticeable trend is that the traditional state-law-centred legal framework is increasingly challenged by self-regulatory private orders. Commercial norms, commercial arbitration and social sanctions at the international level have become important alternatives to national laws, national courts and legal sanctions at the national level. Consisting of transnational commercial norms, both codified and uncodified, and legal norms, both national and international, a plural regime for the governance of transnational commercial transactions has emerged and developed in the past few decades. This article explores the interaction between various kinds of norms in this regime, identifies the effects of this interaction on the governance of transnational commercial transactions and shows the challenges to this interaction at the current stage. The central argument of this article is that the interaction between social and legal norms, namely incorporation and internalisation, and the three effects derived from incorporation and internalisation, namely systematisation, harmonisation and compliance enhancement, are evident at both the national and international levels. In particular, the emergence of codified transnational commercial norms that are positioned in the middle of the continuum between national legal norms and uncodified transnational commercial norms has brought changes to the interaction within the international dimension. Although the development of codified transnational commercial norms faces several challenges at the moment, it can be expected that these norms will play an increasingly important role in the future governance of transnational commercial transactions. |
Article |
Definitions of the Lex Mercatoria and the Effects of Codifications on the Lex Mercatoria's Flexibility |
Journal | European Journal of Law Reform, Issue 3-4 2005 |
Authors | Michael Frischkorn |
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Article |
Approximation of Laws by Non-EU Countries to the EU Acquis: Setting the Scene |
Journal | European Journal of Law Reform, Issue 3 2007 |
Authors | Guy Harpaz and Lior Herman |
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