
Contents
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37.1 What Does Consumer Law Reveal About the Nature of the EU? 37.1 What Does Consumer Law Reveal About the Nature of the EU?
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37.2 The Establishment of Consumer Law as a Building Block in the Internal Market Project 37.2 The Establishment of Consumer Law as a Building Block in the Internal Market Project
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37.2.1 The Impetus Provided by the SEA 37.2.1 The Impetus Provided by the SEA
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37.2.2 The European Commission as Key Player and the Minimum Harmonization Approach 37.2.2 The European Commission as Key Player and the Minimum Harmonization Approach
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37.2.3 The Impact of the Internal Market Regime on the Concept of Consumer Law 37.2.3 The Impact of the Internal Market Regime on the Concept of Consumer Law
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37.3 The Current State of Play: Reaping the Benefits of the Internal Market and Making the EU the Most Competitive Economy in the World 37.3 The Current State of Play: Reaping the Benefits of the Internal Market and Making the EU the Most Competitive Economy in the World
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37.3.1 The New Paradigm: Economic Efficiency—Maximum Harmonization and International Orientation 37.3.1 The New Paradigm: Economic Efficiency—Maximum Harmonization and International Orientation
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37.3.2 The Revision of the Consumer Acquis in the Context of the Private Law Codification Project 37.3.2 The Revision of the Consumer Acquis in the Context of the Private Law Codification Project
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37.3.3 Two Important Weaknesses in EU Consumer Policy: Services and Safety 37.3.3 Two Important Weaknesses in EU Consumer Policy: Services and Safety
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37.3.4 Individual–Collective and Judicial–Administrative Enforcement 37.3.4 Individual–Collective and Judicial–Administrative Enforcement
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37.3.5 The Role and Function of the Court of Justice in Secondary Consumer Law 37.3.5 The Role and Function of the Court of Justice in Secondary Consumer Law
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37.3.6 Impact on the Revised Concept of Protection in Consumer Law 37.3.6 Impact on the Revised Concept of Protection in Consumer Law
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37.4 The Challenges Ahead 37.4 The Challenges Ahead
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37.4.1 The Risk of Social Exclusion 37.4.1 The Risk of Social Exclusion
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37.4.2 A New Social Economic Law for the Vulnerable? 37.4.2 A New Social Economic Law for the Vulnerable?
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37.4.3 Installing Appropriate Enforcement Structures 37.4.3 Installing Appropriate Enforcement Structures
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Notes Notes
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37 European Consumer Law
Get accessHans-W. Micklitz Director of Graduate Studies and Professor of Economic Law, European University Institute, Fiesole, Florence, Italy.
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Published:28 January 2013
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Abstract
This article demonstrates how the European Commission took the lead in using consumer law and policy in building and completing the internal market. As a result, consumer law moved a considerable distance away from its social outlook and was converted into a market-focused law. The emphasis of the Lisbon Agenda on international competitiveness enhances and accelerates the transformation process of consumer law, away from market law towards industrial law. The guiding philosophy is economic efficiency: the consumer has to be made fit and requires the necessary capabilities to be able to reap the benefit of the EU's internal market. However, the streamlining of consumer law and policy leads to the social exclusion of all those who do not meet these standards.
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