Date: 2018
Type: Thesis
Status-related consumer protection in the digital economy
Florence : European University Institute, 2018, EUI, LAW, LLM Thesis
JABŁONOWSKA, Agnieszka, Status-related consumer protection in the digital economy, Florence : European University Institute, 2018, EUI, LAW, LLM Thesis - https://hdl.handle.net/1814/50746
Retrieved from Cadmus, EUI Research Repository
The thesis investigates the evolution of the status-related approach to consumer protection in the private law of the European Union and asks whether this traditional approach is still viable in the times of growing digitalisation. It explores, firstly, what consumer protection actually means and, secondly, whether instruments adopted for this purpose are also directed at the achievement of other policy goals. It shows that, in the most general understanding, consumer protection is linked to the position of “passive market participants”, namely persons entering into legal relationships to satisfy their needs without producing the product or service themselves. It is usually, but not invariably, limited to the standard consumer notion, displays several overarching themes such as access, information, fairness and alternative dispute resolution and remains strongly intertwined with the internal market project. The thesis further asks whether, throughout the years, tensions associated with the status-related approach to consumer protection were identified and, if so, whether and how they were addressed. It touches upon the changing normative content of the term itself and points to several areas – most notably related to the provision of services – in which the notion of a “consumer” has partially been replaced (or supplemented) with other categories. It finally asks whether digitalisation is setting an end to the status-related consumer protection and attempts to draw the possible ways forward.
Additional information:
Award date: 25 January 2018; Supervisor: Prof. Hans-W. Micklitz
Cadmus permanent link: https://hdl.handle.net/1814/50746
Full-text via DOI: 10.2870/04861
Series/Number: EUI; LAW; LLM Thesis
Publisher: European University Institute
LC Subject Heading: Consumer protection -- Law and legislation -- European Union countries.
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