The Resource Consumer law between market integration and human rights protection, Iris Benöhr

Consumer law between market integration and human rights protection, Iris Benöhr

Label
Consumer law between market integration and human rights protection
Title
Consumer law between market integration and human rights protection
Statement of responsibility
Iris Benöhr
Creator
Contributor
Subject
Language
eng
Summary
This thesis examines the relationship between fundamental rights and consumer protection in the European Union. Traditionally, consumer regulation has been applied as a onedimensional tool to achieve economic integration. In 2000, the Charter of Fundamental Rights broadened the scope of consumer law to include a social dimension; however, this initiative remains limited in practice, because of the abstract wording in the Charter, and because of the partly contrasting full-harmonisation strategy of the EU. Moreover, the Charter is not binding and it risks succumbing to traditional market-oriented policy tendencies. This thesis tries to build a bridge between the two approaches to consumer law - the market-oriented approach, and the fundamental-rights based approach. To do so, it suggests a new consumer concept, based upon the capability approach of the economist Amartya Sen. Such an approach enables the consumer to deal with the risks of increasingly integrated and complex markets, by focusing upon basic procedural rights. Three areas of consumer law have been gaining importance in recent times: credit agreements, telecommunications, and collective redress. Cases from these areas are considered here, as they exemplify the inter-action between fundamental rights, and participation in cross-border markets. First, cases in consumer credit illustrate the impact of fundamental rights on the provision of fair contractual conditions, and on access to responsible lending schemes. Second, the new telecommunication proposal highlights the importance of regulatory participation mechanisms for consumers, to ensure access to services of general interests and to ensure data protection in an increasingly privatised environment. Finally, collective redress mechanisms show how procedural innovations can improve judicial participation through the basic right of access to justice. The thesis concludes by proposing a new legal approach for consumer law in the EU, in order reach a compromise between social and economic demands
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Benöhr, Iris
Date time place
Defence date: 18 December 2009
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2009.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • Consumer protection
  • Human rights
Label
Consumer law between market integration and human rights protection, Iris Benöhr
Link
Instantiates
Publication
Note
Examining Board: Professor Christian Joerges, University of Bremen (supervisor); Professor Hans-W. Micklitz, European University Institute; Professor Roland Bieber, University of Lausanne; Professor Stephen Weatherill, University of Oxford
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb16163278
Dimensions
30 cm.
Extent
303 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)1038751869
Label
Consumer law between market integration and human rights protection, Iris Benöhr
Link
Publication
Note
Examining Board: Professor Christian Joerges, University of Bremen (supervisor); Professor Hans-W. Micklitz, European University Institute; Professor Roland Bieber, University of Lausanne; Professor Stephen Weatherill, University of Oxford
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb16163278
Dimensions
30 cm.
Extent
303 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)1038751869

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