Taking Collective Interest of Consumers Seriously: A View from Poland

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dc.contributor.author SAFJAN, Marek
dc.contributor.author GORYWODA, Lukasz
dc.contributor.author JANCZUK-GORYWODA, Agnieszka
dc.date.accessioned 2008-10-22T12:32:38Z
dc.date.available 2008-10-22T12:32:38Z
dc.date.issued 2008
dc.identifier.issn 1725-6739
dc.identifier.uri http://hdl.handle.net/1814/9567
dc.description.abstract An increased focus on consumer collective redress marks the shift from substance- to enforcement-oriented perspective in the EU consumer policy. The EU action in this regard is currently at the stage of feasibility study but it seems to be moving towards a mechanism protecting collective rather than individual interests of consumers. In spite of these developments, a comprehensive strategy towards the concept of collective interest of consumers is missing at the EU level. We argue that a relative disregard of the procedural functions which the concept performs, as exemplified also by the already existing EU instruments for consumer redress, may lead to under-enforcement of consumer rights. As a possible remedy we put forward a proposal how to make the concept of consumer collective interest a workable tool. From an evolutionary perspective, we also examine how the concept of public interest was construed by the Polish judiciary during the socialist regime to prove that the way the public interest was conceptualised in the past affects the present understanding of the consumers’ collective interest. As Poland represents a New Member State and has experienced economic and political transformation, our case study demonstrates how political and economic conditions shape the concept of collective interest. The overall goal of the paper is to show that clear understanding of the idea of collective interest of consumers, which currently varies from one MS to another, is essential for the creation of the internal market in collective redress en
dc.format.mimetype application/pdf
dc.language.iso en en
dc.publisher European University Institute
dc.relation.ispartofseries EUI LAW en
dc.relation.ispartofseries 2008/26 en
dc.rights info:eu-repo/semantics/openAccess
dc.subject European contract law en
dc.subject harmonisation en
dc.subject consumer protection en
dc.subject collective redress en
dc.subject collective interest of consumers en
dc.subject New Member States en
dc.title Taking Collective Interest of Consumers Seriously: A View from Poland en
dc.type Working Paper en
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