The modest consumer protection in the Charter of Fundamental Rights of the European Union and its potential
Abstract
This paper studies the possibilities that article 38 of the Charter of Fundamental Rights of the European Union offers for consumer protection. Analysis begins with enactment of the Charter in 2000 to the time that the Lisbon Treaty went into effect and acknowledged that the Charter had the same legal value as the treaties. The study then goes on to focus on the new period following the Lisbon Treaty and aims to demonstrate that article 38 has great potential for development through EU legislation and executive orders in spite of the modest regulation of consumer protection in the Charter. This is due to the definition of this protection as a principle and not a right. Development is also expected as the member states apply EU law and especially as jurisprudence is handed down by the European Court of Justice.
Received: 19 May 2011
Accepted: 28 June 2011
Published online: 18 December 2015
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