Journal article Open Access
Yaroslava I. Rizhko
In the scientific article the author investigates the issue of consumer protection in the activities of the European Union. The principle according to which the consumer of the European Union is a weaker party in the obligation is considered. The author analyzes the normative regulation of consumer protection in the European Union. It is shown that classification of consumer rights is supported by a large number of scientists, who divide them in general and special. The term “consumer” and similar terms in EU legislation are considered. The signs of the consumer are defined as categories of law and legislation of the EU. Legislative acts which regulate the application of law in the EU are investigated. Consumer agreement rule is analyzed, according to which the law of the country of origin of the consumer is subject to application. Exceptions to consumer agreements in the Regulation (EU) № 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) are highlighted.
Regulatory legal acts which regulate the procedural issues of consumer protection in the EU, in particular Regulation (EU) No 1215/2012 ‘On jurisdiction, recognition and enforcement of judgments in civil and commercial matters’, also entitled "Brussels I" have been investigated. Application of the Brussels I Regulation about consumer agreements has been researched.
Alternative systems which are aimed at minimizing barriers for consumers in the access to justice have been analyzed. Legal regulation, object and content of the Alternative Dispute Resolution system have been investigation. Attention is also focused on the system of interactive dispute resolution, its scope of activities and content. Extra-judicial network of consumer rights protection and its constituent elements, in particular European Extra Judicial Network, ICPEN-Europe, the subgroup, which was set up by the European Commission, European Association for the Coordination of Consumer Representation in Standardization Processes (ANEC, Brussels), European Network of Consumer Centers has been studied.