Legal Tech and EU Consumer Law

2021 ◽  
pp. 195-219
Author(s):  
Martin Ebers
Keyword(s):  
2010 ◽  
Author(s):  
Onofrio Troiano ◽  
Diana Cerini ◽  
Maria Gagliardi ◽  
Giovanni Comandé

2013 ◽  
Author(s):  
Mary Donnelly ◽  
Fidelma White
Keyword(s):  

Global Jurist ◽  
2018 ◽  
Vol 19 (2) ◽  
Author(s):  
Rocco Alessio Albanese

Abstract This paper intends to discuss some major European legal issues by building on the critique of a certain narrow relevance of human basic needs, according to traditional Western legal conceptions of the subject as well as of the public-private divide. In particular it aims at verifying the potentiality of consumer law for rethinking the right to housing, within recent trends of European Private Law, by adopting a remedial approach. For this reason the paper analyzes three well-known cases decided by the Court of Justice of the European Union (CJEU) – namely Aziz, Sanchez Morcillo and Kušionová – as examples of this meaningful trend. Through the combination of the fairness test over contractual terms with the criteria of effectiveness and proportionality, a broader protection of right to housing is recognised even in horizontal private relationships. Art. 7 of the EU Charter of Fundamental Rights (CFREU) could represent the constitutional reference for this new perspective. The paper also intends to show how the relevance of the basic need for housing is traced to debtor's families. CJEU's interpretative itinerary seems to start from a fairness test about contractual terms, but eventually comes to give protection to subjective situations that are even out of the domain of the contract.


2019 ◽  
Vol 26 (3) ◽  
pp. 394-420 ◽  
Author(s):  
Eléonore Maitre-Ekern ◽  
Carl Dalhammar

In their roles as purchasers, users and dischargers of used products, consumers play an important role in the circular economy. In this article, we put forward a ‘hierarchy of consumption behaviour’ to support European Union policymaking. Among the priorities are avoiding the purchase of single-use and unnecessary products, prolonging the lifetime of products through maintenance and engaging in repair activities. Moreover, the hierarchy intends to privilege sharing and leasing to buying and second-hand products to new ones. Finally, consumption in the circular economy also requires allowing products to re-circulate. Changing consumption patterns is difficult insofar as they are largely determined by the paradigm upon which our economy is built and are enabled by the existing legal framework, most notably European Union consumer law. The article contains concrete recommendations to develop European Union law and promote the proposed hierarchy.


Sign in / Sign up

Export Citation Format

Share Document