Towards Collaborative Governance of European Remedial and Procedural Law?

Theoretical Inquiries in Law, Vol. 19:235-259

26 Pages Posted: 8 Feb 2018 Last revised: 27 Feb 2018

Date Written: January 15, 2018

Abstract

This Article examines consumer law enforcement in the EU. It shows how the effectiveness of collective and individual redress is intrinsically linked to the interplay between administrative and judicial enforcement and alternative dispute resolution (ADR). It addresses the trends and the contradictions of EU enforcement policies and their impact on national systems by looking at the role of general principles and fundamental rights, in particular Article 47 of the European Charter of Fundamental Rights (CFR). It concludes with policy recommendations concerning how the various consumer enforcement mechanisms should be coordinated at the EU and national level to ensure comprehensive and effective protection in compliance with fundamental rights.

Keywords: Fundamental Rights, Art 47, Procedural Law, Effectiveness, Remedy, Enforcement

Suggested Citation

Cafaggi, Fabrizio, Towards Collaborative Governance of European Remedial and Procedural Law? (January 15, 2018). Theoretical Inquiries in Law, Vol. 19:235-259, Available at SSRN: https://ssrn.com/abstract=3113601

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