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General Principles of Impact of Consumer Law in the Scope of European Law
The
consumer law has the main purpose to shape up the European Union or EU to
become a concrete reality designed for 500 million populations by providing
them a guarantee for their consumers’ rights. This simply means that the law
acts as a protection for the consumers from severe threats and risks that they
are incapable to manage by themselves, empowering the consumers to make
decisions with an accurate foundation, provides clear and reliable information,
improving the welfare of consumers while, at the same time, also effectively
securing their safety along with their economic interests. All of these are
expected to be accomplished by aligning the entire consumers’ rights and the
rules to modify the situation in both economy and society. The legislation
implemented at the level of the European Union itself aims mainly to secure the
health, safety, legal interest, and also economic of the consumers as well. In
addition to this, the legislation also intends to provide the general systems
of product safety
Treaty on the Functioning of the European
Union or TFEU has declared that the issues regarding the protection of
consumers are a shared proficiency of both the European Union along with its
Member States. At the time the legislation made by the European Union in this
subject has implemented properly throughout the regular legislative process and
procedure, then all of the Member States are accountable to implement and also
carry out these rules. Recently, the ultimate consumption expense of the
households noted for 57% of the European Union’s Gross Domestic Product. The
plan of consumer law which established by the European Union has demarcated
within the European Consumer Agenda for duration from 2014-2020, which is
also accompanied by the Consumer programme in its financial
features. The Consumer programme has predicted its budget for around in accordance with about for every single consumer for each year
Legal Foundation of Impact of Consumer Law in the Scope of European Law
In the Charter of Fundamental Rights of
the European Union, specifically in Article 38, and also Articles 4(2)(f),
12, 114(3) and 169 of TFEU establish the main law intended for the policy of
consumer protection. Article 169 has also described the policy’s particular
objectives as: “In order to promote the interests of consumers and to ensure a high
level of consumer protection, the Union shall contribute to protecting the
health, safety and economic interests of consumers, as well as to promoting
their right to information, education and to organize themselves in order to
safeguard their interests.”
Article 169 mentioned above has
complemented Article 114 from the TFEU which identifies that the Commission
would take a high-level foundation of protection that written in its
applications with reference to the safety, health, both environmental and
consumer protection. Furthermore, Article 12 of TFEU has also explained that
all of the requirements of consumer protection should be managed into account
in describing and applying the other Union activities and policies as well. Meanwhile,
Article 38 which included in the Charter of Fundamental Rights of the
European Union has set up the prominence of consumer protection by
declaring that all of the Union policies should able to make sure high-level
protection for the consumers.
The Concept of Consumer of Impact of Consumer Law in the Scope of European Law
The main stream of the recent
instructions made by the European Union has described the concept of consumer
as a “natural
person who is acting for the purposes which are outside his trade, business,
and profession.” This concept somewhat has defined consumer in a
negative approach. The concept of consumer in the European Union’s law is
unable to be applied as legal individuals, even though they might acquire a
non-business feature. Due to the minimum synchronization feature of the bigger
portion of the consumer, a number of Member States has been extending their consumer
protection law to go further than the concept of consumer clipped in
the European Union law.
Protection Tool for the Consumers of Impact of
Consumer Law in the Scope of European Law
There are five fundamental rights
for the consumers which described by the Council in its initial exclusive
program designed for the consumer protection along with information of the
policy in 1975. Those five fundamental rights for the consumer are mentioned
such as: the consumer’s right in getting protection regarding health and
safety, the consumer’s right in having protection regarding their economic
interests, the consumer’s right to claim for any type of damages, the
consumer’s right to acquire an education, and ultimately, the consumer’s right
to lawful exemplification.
In these modern days, about 90 instruction
of the European Union has covered up the issues related to consumer protection.
Despite this fact, yet, a bigger part of the European Union consumer law
endures of a minimum synchronization level. As a consequence, the conforming
country legislation (both pre-existing and implemented later on to transfer an
instruction) has the capability to go even beyond the applicable instruction
itself. In actual fact, this definitely means that both the consumers and
traders identical still have to be highly aware of the applicable national
legislation, specifically around the topics left to the national law.
In case is there will be any
dispute, then the consumer has no capability to invoke contrary to a trader in
a straight line. Instead, it would totally depend on the national court of law
whether to implement and also construe these rules in the country. In addition
to this, these countries also have their rights to request any extra
clarification to be made by the European Court of Justice throughout the main
governing procedure. On the other hand, this would be slightly rare conditions
to have occurred, which might also underwrite to the potential and prospective
deviations within the clarification of specific requirements based on an
instruction made by the European Union. Thus, legally non-binding tools were
made to improve, monitor, and also measuring the recent country along with
their effort in empowering the consumer protection on the level of the European
Union such as: the tools for market monitoring, the tools for awareness-rising,
and also other tools designed for escalating the enforcement as well
The
consumer purchases goods/services from various organizations so that their
product/service needs can be fulfilled efficiently. Sometimes the consumer
faces various issues when they purchase products from the organization such as
safety issues and privacy-related issues. Today there are many ways through
which customers can purchase their products from the corporations for instance
online shopping. When any customers purchase products online they provide their
personal information to the business. Such personal information can go into the
wrong hands, and they can use the information of the customers for their own
benefit. Sometimes data breaches cause huge inconvenience to the customers
because due to the leak of their personal data the hackers use their
information for getting financial gains.
That
is why many customers are awarded online payment. Many laws have been made to
protect customers from any financial fraud. The Directive 2007/64/EC is
regarding the payment services. This law protects customers from financial
frauds and tells them how they can make secure payments in the internal market.
The other law which protects the customers from unfair commercial practice is
Directive 2005/29/EC. This protects the customers from the practices which are
recognized as unfair. The above-discussed laws allow the customers to perform
secure transactions on different platforms and protect the customers from any
financial loss. The above-discussed laws are made by keeping the safety and
needs of the customers in mind. Today the technology is becoming advanced day
by day, and there is a need to protect the customers on different payment
platforms. As technology is becoming advance day by day the hackers are also
developing new techniques of getting the data of various customers so that they
can use it for their own benefit. These financial services laws provide safety
top the customers and protect them from unfair practices
As
discussed earlier the technology is becoming advanced day by day. Many
organizations today various methods for advertising the products in the market.
The customers around the world purchase products after viewing the
advertisement for the product. The organizations are allowed to market the
product in such a way that the customers can be attracted to its product.
However the organizations are not allowed to create such advertisement in which
fake claims or misleading advertisement is performed. The customers have the
right to get such product which they have seen in the advertisement. If the
customers are going to get the product which does not provide the benefits
which the advertisement has shown than it is against the rights of the
customers
Directive
2011/83/EU protects consumer rights. If any customer who has shopped online
after seeing the advertisement and after using the product feels that the
product does not function as stated in the advertisement than this law will
help the customer. The directive 2006/114/EC protect the customer from
misleading advertisement. If any business is going to perform misleading
advertisements, then in the light of this law the relevant authorities will
take action against such business
Many
customers today purchase the products online because they know that purchasing
products online is more convenient than purchasing the products from the market
in the traditional way. However this digital revolution comes with different
issues such as consumer privacy protection. The directive 2002/58/EC protects
the privacy of the customers. If any organization has not taken strict measures
regarding the protection of private data of customers, than in the light of
this law strict action will be taken against the businesses that have not
secure the data of their customers. Customer satisfaction and privacy must the
utmost priority of any business.
It
is highly important that the products which the customers get are safe and does
not provide any harm to the customers. The European consumer laws pay special
attention to the safety of the products s that the products which the customers
get will provide maximum benefit to them. According to EU legislations the
product’s safety is the first responsibility of any manufacturer. It is the
responsibility of the manufacturers to create such products that are safe for
the customers. The directive 2001/95/EC is regarding product safety and protect
the customers from any harmful products
The
EU consumer laws are made in such a way that the consumer gets maximum
satisfaction regarding the quality and safety of the products they purchase
from the market. If we talk about food products, the EU has created many
legislations. It is the right of the customers to know the exact ingredients
which are used in creation of any food product. The Regulation (EU) No
1169/2011 directs the manufacturers to provide authentic information to their
customers’ regarding the food products they create. Many organizations today
claim that their p[products provide different nutrients to their customers. The
regulation (EC) No 1924/2006 direct the manufacturers to provide information
about the health claims that they made regarding the products.
The
EU does not only focus on the product but also on various services that the
organizations provide to their customers. The rules and regulations have been
made regarding the transportation facilities which different companies provide
to their customers. The set rules allow the transportation companies to provide
high-quality services to their customers so that they won’t face any
incontinence while traveling from one place to another
If
all the above discussion is summarized than it can be said that the EU consumer
laws are made in such a way that the consumer gets maximum satisfaction
regarding the quality and safety of the products they purchase from the market.
The consumer purchases goods/services from various organizations so that their
product/service needs can be fulfilled efficiently. Sometimes the consumer
faces various issues when they purchase products from the organization such as
safety issues and privacy-related issues. Today there are many ways through
which customers can purchase their products from the corporations for instance
online shopping. That is why various consumer protection laws have been made
for the protection of the customers. The
European consumer laws pay special attention to the safety of the products s
that the products which the customers get will provide maximum benefit to them.
Past improvements in
consumer protection in Europe
The
cutting costs of roaming through the use of telecommunication devices such as
the mobile phone abroad as well as for bringing the improvements in the rights
of passengers into the whole territory of Europe are some of main attainments
of the laws within this area. On the other side, the lack of awareness of
consumer rights between the civilians appears to become undermining such kind
of improvement. Furthermore, the confidence of the consumers also continues as
low with around fifty percent of the consumers still of the opinion which their
rights are not sheltered. For highlighting this major thing in this essay, the
success stories regarding it are also discussed for getting better
understanding.
Success Stories
of Impact of Consumer
Law in the Scope of European Law
To
make the actual estimation that the actions of Europe benefited the most to the
consumers, or which the biggest ever gage while it is possible for getting
several signs by conducting different kind of survey and different kind of
sounds such as the network of the European consumer centers as well as the
consumer organizations network. Furthermore, the lasted improvements in the
consumer rights as well as in the consumers protection laws consist of the data
downloads, the text messages as well as the charges of lowering of the roaming
for making or places the voice contacts by eighty percent, it the consumer
compare the tariffs for the year of 2014 as well as the year of 2007, that
constantly minimizing the non-compliance with those laws for the consumers
which are recognized as well as the particular irregularities on the websites
of EU which are selling the several kind of products and services such as the
music, films, movies, foods, games, books as well as the airline tickets as the
other kind of services by presenting the regular checks annually, as well as
presenting the right of the consumers for bringing a change into their thoughts
and norms such as the period of the cooling together along with the rights for
the provision in the particular decided time at the time of buying or placing
their order through ecommerce website or the application online as well as the
right to a two year surety at the time of the purchasing the particular
products from the online shop or online store. Furthermore, it is also setting
up the alert system of RAPEX that focuses on recognition as well as terminate
the useless as well as the dangerous product from the internal market. So the
main purpose of this legislation for the consumer's rights which mainly focus
on to identification of risky services or risky products and to remove from the
market
Weak points
of Impact of Consumer
Law in the Scope of European Law
In
this area, different kind of discussions on the current legal framework is
disjointed as well as the importance of the differences amongst the law for the
national consumers within the jurisdiction of the sales or business as well as
somewhat unacceptable as well as they may be deterred by the consumers from
such kind of transactions throughout the borders. With the introduction of any
new legal structure, the overly detailed nature, as well as the fragmentary of
the European laws and legislation points for the regulatory reform, need in a parallel
way. For consumer transactions in the very first point, it can more appropriate
such kind of regulatory laws as well as it is also argued without having the
directives for making sure the accessibility as well as coherent of the legal
framework into the market.
On
the second point, the change proposal tells or proposes the actions of the EU
that must concentrate on the context of the cross of the border as well as
specifically more on the transactions decided by means of the differences and
majorly in the sense of the online sale or purchasing website. Furthermore
strongly, it has focused on how to bring the particular improvements by the
organizations of the consumers. To bring some improvements in making sure, as
well as the current condition for the coherent legal framework, there have also
been called for the adoption of the traditional meaning of the common concepts
such as the energy poverty as well as the consumer’s vulnerability throughout
Europe within all the member state. The call for the new serious laws by some
other consumer organizations for the protection of the consumers better, and it
is a binding legal instrumental collective regarding as well as the new
directive of copyrights
Challenges of Impact of Consumer
Law in the Scope of European Law
The
most significant aspect is that the partially undermines the rationale overdue
the making of the policy within the area in the economies concerned with the
behaviors. Neoclassical economics is being challenged by behavioral economics.
It also takes in the sense of different kind of perspectives of the behaviors
of the human which are not logical such as the farming effects, hyperbolic
discounting as well as the discounting. The consumer's preferences which
associates with the concept of the hyperbolic discounting are not consistent on
the particular time as well as it is also suggesting that at the time of making
the decisions, as well as the single person can reduce the foresight in the
short term while in the long term, it seems more logical. With the introduction
of any new legal structure, the overly detailed nature, as well as the
fragmentary of the European laws and legislation points for the regulatory
reform, need in a parallel way. Furthermore, the lasted improvements in
consumer rights as well as in the consumer's protection laws consist of the
data downloads, the text messages, as well as the charges of lowering the
roaming for making or places the voice contacts by eighty percent. The main difference
within the different ways of the framing may also generate different kinds of
outcomes, such as the concept or idea of the well-known in marketing. In the
last, we can understand it with the help of example, and it also seems that the
product of the food labeling, which consists at least 75 percent fat rather
than 25 percent, can enhance the graph of the sales
References of Impact of Consumer
Law in the Scope of European Law
Ackermann, T. (2013). Public supply of
optional standardized consumer contracts: A rationale for the Common European
Sales Law? Common Market Law Review, 11-27.
Benohr, I. (n.d.). EU Consumer Law and
Human Rights. 2013: OUP Oxford.
Campbell, D., Edgar, D., &
Stonehouse, G. (2011). Business Strategy: An Introduction (3 ed.).
Macmillan International Higher Education.
Dehghan, S. (2017). European
Commission's Directive on Consumer Rights and its Application in the UK.
GRIN Verlag.
Federico, G. D. (2010). The EU Charter
of Fundamental Rights: From Declaration to Binding Instrument. Springer
Science & Business Media.
Flesner, C. (2011). TwiggGood-Bye
Harmonisation by Directives, Hello Cross-Border only Regulation?’–A way forward
for EU Consumer Contract Law. European Review of Contract Law, 235-256.
GOVINDARAJAN, M. (2007). MARKETING
MANAGEMENT (2 ed.). PHI Learning Pvt. Ltd.
Griffin, R. W. (2012). Management.
Cengage Learning.
Kourdi, J. (2009). Business Strategy:
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Mak, V. (2011). Policy choices in
European consumer law: Regulation through ‘Targeted Differentiation. European
Review of Contract Law, 257-274.
Spender, J.-C. (2014). Business
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Weatherill, S. (2013). EU Consumer Law and Policy. Edward Elgar Publishing.
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