Week 6A: Public and Private Enforcement in the Field of European Consumer Law Flashcards
Explain the Legal Challenges of Public and Private enforcement in the Field of European Consume Law
Legal Challenges
-achiev. eff. cons. protec.
-acjoeve effect. ENFORCE. of cons, law
-purely ‘nat’ sol. do not suffice
-need stand. across EU
-purely pub. or priv. enf. model don’t work
Who decides what Enforcement looks like in the EU?
-Traditonally, duty/role to enforce EU stand. left exclusively to MS
-less and less PROC. AUTONOMY
-harmonis. of enfo. with GFC + gen. need 2 achieve reg. goals
What limits the design of enforcement mechanisms?
- Three principles of designing enforcement mechanisms
List the principles of design. enf. mechanisms
-Effecti.
-Proport.
-Dissuaiven.
What are the sources of three principles designing enforcement mechniasms
-EU secondary law
-Directives
-EU Case Law
Describe the scope of the applicability of the principles of enforcement
-Applic. 2:
-Content of a sing. remedy or sanction
-COMB. diff. remedies + sanc. (Either pub. or priv. law modes)
-COORD. btwn diff. enforce. modes (public + private)
Explain what the principle of effectiveness
-ABIL. 2 perform func.
-NO excess diifficulty:
- Nat. law should not make it pract. imp. or exces. difficult 2 access. rights conf. by eu law
Explain the Steps to determine proportionality
- Suitability
- Necessity
3.Stricto sensu proportional. (is it really the least intrus. method)
Explain dissuasiveness
-Enforce detters. disco. infringem.
- neut. the eff. of misbeha.
- encourage compliance
TRUE or FALSE: the Belgian Code of Economic Law meets the principle of proportionality and dissuasiveness but not effectivenss
- No, meets the prinicple of effective. and dissuasiveness but not prop.
-consumers overcomp.
List the ways in which adm. enforcement of private law-oriented eu laws is carried out
- Directives implem. entirely in nat. pub. law
- ■ Option 2: to implement (some) substantive rules in national private law and to
include a reference to them in public law
■ Option 3: To implement such directives in a special legislative act combining
elements of public and private law
Explain the main key points which show the Impact of EU Law on the practice of consumer law in member states
- Oblig. 2 establish consumer protec. focused (adm.) agencies
- Estab. minim. powers of adm. agencies
-e.g: carry out nec. on site inspec.
3.Spec. powers of nat. adm. agencies
e.g: restr. or prohib. the supply or market. of dang. prod. (Prod. safety regime) - Imposing req. 2 the app. adm sanctions
e.g: minimum fines
Explain how private enforcement can be carried out
- Civil courts
- Alternative disput. resolution
List measures that may be invoked in priv. law disputes
- Injunc. measures
- redr. measures
-comp.
-rep.
-replacement
-price reduc.
-contract. termination
-reimburse. of the price paid
TRUE or FALSE: there is a lot of coordination between public and private enforcement, when it comes to consumer law
FALSE
-civil courts. not bound by adm. decisions
TRUE or FALSE: the three principles play a role in det. what type of enforcement mechanism gets put in place
-YES: private, pub or hybrid??
Explain how Hybrid enforcement can be implemented when it comes to consumer law
1.Complimentarity model
-Refrain from fine, if pay
-init. collect. action
-but very little room for integ. model when it comes to consumer law
TRUE or FALSE: Member states are ensured full procedural autronomy
- TRUE, but limited to 3 principles
