Enforcing EU Consumer Policy Through Different Layers: Combining the Judicial and the Out-of-Court Mechanisms

Abstract

This paper will analyse the new EU legal framework for enforcing consumer law through various layers: public enforcement bodies, judicial mechanisms and out-of-court redress schemes. Accordingly, it will depart from a brief examination of the changes in the Consumer Protection Cooperation Regulation, it will then analyse the judicial options offered by small claims processes and collective redress, and lastly it will examine the new framework on out-of-court redress and the impact that it will have on three radically different redress cultures: Italy, Spain and the UK. The paper concludes arguing that the growth of out-of-court mechanisms to facilitate compliance with consumer law poses new challenges and opportunities in ensuring an adequate enforcement of EU consumer law.