Effectiveness of consumer protection law
Description:
The sophistication of the legal rights of consumers depends largely on the specific structure of the legal consequences of the process right from etc.. As European Community law in key areas of the German consumer protection law determines, in particular the European framework and guidelines is to design for the utility of the aforementioned legal claims considerable importance to. The national legislature is thus tied to an increasing extent in shaping the legal environment. The European Court of Justice (ECJ) engages one of the so-called reinforced the principle of effectiveness. For example, national procedural rules should not discourage the use of consumer rights excessively, for example due to excessive costs or to tight deadlines. The exact contours of the principle of effectiveness in consumer law and its practical consequences for Germany but so far not been systematically worked up quite significantly and in some cases controversial. Problems are based on past experience it generally includes legal consequences / rescission rules, procedure and proof rules, regulations and statute of limitations period rules, regulations costs and the availability of collective redress. These are so far limited to single points but only isolated elaborations. Over and above individual issues selective examination of German law, using a systematic framework elaborated the principle of effectiveness is lacking. As part of the research assignment the following matters are to be processed scientifically: Development and presentation of the principle of effectiveness with specific reference to consumer protection law, analysis and evaluation of national law for any deficiencies, preparation of at least exemplary suggestions on how the identified deficiencies can be eliminated.
Executive Institute:
Faculty of Law Details of Faculty of Law
Parent institution:
University of Bremen Details of University of Bremen (Bremen)
Contract period:
07. 03. 2005 - 30. 06. 2006
Project budget:
28,316 €
Funding Programme:
- BMELV - Decision Support project Details of BMELV - Decision Support project
Subject:
- Agricultural Policy
- Business administration
- Communication Sciences
Purpose of research:
Applied research
Funding Institutions:
- Federal Ministry of Food, Agriculture and Consumer Protection (BMELV) Details of (BMELV)
Project Management Agency:
- Federal Office for Agriculture and Food (BLE) Details of BLE