Apples and Peaches—Consumer Protection Goes East

Abstract

Each and every reform in countries of Eastern Europe and South East Europe, as well as in Russia and Central Asia, was and has to be executed within an area of tension of three dimensions – the socialist path of dependency, the growing national identity and the international influence. Starting with the socialist path, apart from the substantial law, which mostly involved special legal acts, one has to consider the institutional setting of functions, relevant within the consumer protection. These settings had and have influence on the design and implementation of consumer protection in former socialist systems. With regard to national identity, at least within the legal community, there was a tendency to establish its own basic laws, e.g., civil codes. In order to embed consumer protection in these legal settings, it was necessary that new civil codes provide the framework for contractual relations in general. This includes fighting with new national pride for their own system and a desire to protect their own traditions, where consumer protection is partly seen as an intervention in the freedom of contract. Finally, international influence is visible in all Eastern countries. The 1990s combined competition between common law and continental law but also included considerable dependency on international experts. Hence, they act more as consultancies rather than being driven by enthusiasm.