COLLECTIVE REDRESS FOR CONSUMERS: TOWARD AN EU WIDE COLLECTIVE ACTION MECHANISM

Monica Calu () and Costel Stanciu ()
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Monica Calu: Department of International Relations and European Integration National School of Political and Administrative Studies, Bucharest
Costel Stanciu: Business Administration and Marketing Department ”Nicolae Titulescu” University, Bucharest

Global Economic Observer, 2018, vol. 6, issue 2, 38-49

Abstract: At this moment there are strong signals that is a need for pursuing a solution for European consumers - by way of EU legislation - regarding a mechanism of collective redress of the mass harm produced to EU spread consumers. This study examines the different mechanisms available to consumers to resolve disputes, from private complaints handling to ADR and class actions. This paper aims to analyses the advantages and disadvantages of different approaches to dispute resolution and redress mechanisms, the limits of the out of court settlements and the current situation in the EU Member States, and the cross-border cases and solutions. It also approaches the enhance and the interconnection of the existing national ADR systems in creation of a powerful unified pan-EU mechanism, provided by Directive 2013/11/EU of the European Parliament and of the council on alternative dispute resolution for consumer disputes. At this moment there are strong signals that is a need for pursuing a solution for European consumers - by way of EU legislation - regarding a mechanism of collective redress of the mass harm produced to EU spread consumers.

Keywords: consumer disputes; collective redress; alternative dispute resolution; cross-border cases; settlement (search for similar items in EconPapers)
Date: 2018-12
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