In a modern industrial society that offers such a variety of goods and services, consumer
protection plays an increasingly important role. The vast variety of goods and services
often leaves the consumer to make a decision about a purchase without possessing all the
relevant information. The self-interest nature of consumers has led to the establishment of
consumer protection unions.
Prior to the Amsterdam Treaty, consumer policy was seen as the direct preserve of
the Member States. There was only a very small unit in the Commission concerned with
consumer protection and it was not very influential and being attached to the Internal
Market Directorate General. As a direct result of the BSE crisis consumer policy was
given a distinct Directorate General. The BSE crisis increased the power of the now
extremely influential European Parliament Committee for Environment and Consumers,
especially as regards the European Commission as this Committee contained and still
contains the rapporteur responsible for holding the Commission to task (threat of censure)
over the handling of the crisis and the subsequent re-shuffle of the Commission Services.
Competencies of the Commission Directorates General responsible for agriculture, for the
Internal Market and for the environment were transferred to the new Consumer
Directorate, which was established 1997. This has inevitably brought about a fundamental
policy shift in proposed EC legislation but also in the implementation of legislation
because of the number of comitology committees – ranging from scientific committees
for food (GMOs for example) to animal health and welfare and veterinary and
phytosanitary questions - have been transferred to the new Comitology Directorate
General.
The concept of consumer protection is neither an uniform regulated nor sharply
defined political area. Although it consists of various preventative measures, it is not an individual sector. The broad palette of enacted rulings clarifies the character of consumer
protection as task with relations to nearly every policy field. The individual measures go
so far as to establish standards for door-to-door sales, pharmaceuticals, foodstuffs, price
indication, and product liability as well as to establish regulations for toys, time sharing,
and the extension of credit to consumers. In terms of Article 153 paragraph 2 and Article
95 paragraph 3 EC, the demands of consumer protection must be taken into account in all
Community policies. [...]
Table of Contents
I. Consumer protection in the context of Community law
1. Community competence in consumer protection
2. The acquis communautaire on consumer protection
a) Protection of the health and safety of the consumer
b) Protection of economic interests
c) Reparation for damages
d) Consumer information, education and access to justice & injunctions
II. Public health in the context of Community law
1. Community competence in public health
2. The acquis communautaire on public health
III. Candidate Countries and consumer protection/public health
1. The different provisions:
2. Participation in Community Programmes and Agencies
3. Implementation of the acquis in the Candidate Countries
4. Conclusion
Objectives and Research Themes
This work examines the evolution and implementation of consumer protection and public health standards within European Community law, specifically focusing on the integration challenges faced by candidate countries preparing for EU accession. The research explores how legal competencies are derived, how they impact national policy, and the efficacy of legal harmonization processes.
- The role of the Amsterdam Treaty and internal market legal bases in shaping consumer policy.
- Application of the precautionary principle in Community risk management and consumer safety.
- Legal frameworks for public health and the limitations of Community co-competencies.
- Strategies for candidate countries to adopt and implement the acquis communautaire in the consumer protection sector.
Excerpt from the Book
I. Consumer protection in the context of Community law
In a modern industrial society that offers such a variety of goods and services, consumer protection plays an increasingly important role. The vast variety of goods and services often leaves the consumer to make a decision about a purchase without possessing all the relevant information. The self-interest nature of consumers has led to the establishment of consumer protection unions.
Prior to the Amsterdam Treaty, consumer policy was seen as the direct preserve of the Member States. There was only a very small unit in the Commission concerned with consumer protection and it was not very influential and being attached to the Internal Market Directorate General. As a direct result of the BSE crisis consumer policy was given a distinct Directorate General. The BSE crisis increased the power of the now extremely influential European Parliament Committee for Environment and Consumers, especially as regards the European Commission as this Committee contained and still contains the rapporteur responsible for holding the Commission to task (threat of censure) over the handling of the crisis and the subsequent re-shuffle of the Commission Services. Competencies of the Commission Directorates General responsible for agriculture, for the Internal Market and for the environment were transferred to the new Consumer Directorate, which was established 1997. This has inevitably brought about a fundamental policy shift in proposed EC legislation but also in the implementation of legislation because of the number of comitology committees – ranging from scientific committees for food (GMOs for example) to animal health and welfare and veterinary and phytosanitary questions - have been transferred to the new Comitology Directorate General.
Summary of Chapters
I. Consumer protection in the context of Community law: Provides an overview of how consumer policy transitioned from a marginal concern to a distinct Directorate General post-BSE crisis, emphasizing the internal market as the primary legal foundation.
II. Public health in the context of Community law: Analyzes the scope of European Community responsibilities regarding public health, highlighting the shift toward structured frameworks for research, illness prevention, and cross-border cooperation.
III. Candidate Countries and consumer protection/public health: Discusses the mechanisms, such as Accession Partnerships and PHARE programs, used to assist candidate nations in harmonizing their national laws with the acquis communautaire.
Keywords
Consumer protection, Public health, Community law, European Community, Amsterdam Treaty, Internal market, Acquis communautaire, Precautionary principle, Candidate countries, Harmonization, Accession partnership, BSE crisis, Product liability, Risk management.
Frequently Asked Questions
What is the primary focus of this work?
The work focuses on the development and regulation of consumer protection and public health within the European Community and the subsequent efforts of candidate countries to align their legal systems with these standards.
What are the central thematic areas?
The key themes include the evolution of EC legal competence, the impact of crisis management on policy, and the practical implementation of European standards in Central and Eastern European candidate states.
What is the research goal?
The goal is to analyze the legal basis for consumer and health policies and assess the progress of candidate countries in adopting the acquis communautaire.
Which scientific methodology is utilized?
The text employs a legal-analytical approach, focusing on the interpretation of EC Treaty articles, regulations, directives, and relevant jurisprudence from the European Court of Justice.
What does the main section address?
The main section covers the institutional shift in consumer policy, the application of precautionary principles in risk management, the limited co-competencies in public health, and case-specific progress reports of various candidate nations.
Which keywords best describe the work?
Consumer protection, Public health, Acquis communautaire, Legal harmonization, and EU enlargement are the most defining terms for this analysis.
How did the BSE crisis impact European consumer policy?
The BSE crisis served as a catalyst for a fundamental policy shift, leading to the establishment of a dedicated Directorate General and increasing the influence of the European Parliament Committee for Environment and Consumers.
Why is harmonization difficult for candidate countries?
Harmonization is described as a complex task due to the need for extensive legal translation, the requirement to establish new enforcement structures, and the differing stages of economic and legal development among the candidate states.
- Citar trabajo
- Dr. Gerald G. Sander (Autor), 2002, EC Consumer and Health Law in the Candidate Countries, Múnich, GRIN Verlag, https://www.grin.com/document/7276
