Northampton Electronic Collection of Theses and Research

ADR: effective protection of consumer rights?

Davies, J. and Szyszczak, E. (2010) ADR: effective protection of consumer rights? European Law Review. 35(5), pp. 695-706. 0307-5400.

Item Type: Article
Abstract: In this article, the preliminary ruling in Alassini is analysed in the context of how the content and enforcement of new consumer citizenship rights are evolving in liberalised network sectors of the EU. The article examines the use made of the general principles of EU law and fundamental rights to test the compatibility of an Italian law making pre-trial mediation mandatory in telecoms disputes involving the universal service obligations (USOs) established in EU law. It sheds further light on the EU principles of effective judicial protection and national procedural autonomy. The impact of the judgment is then discussed, first, in the light of English legislative and judicial approaches to ADR and, second, in the context of the legal enforcement of USOs in the EU
Uncontrolled Keywords: Consumer protection, directives, dispute resolution, EU law, implementation, Italy, supply of services
Subjects: K Law > KJ Europe > KJE6577 Consumer protection
K Law > KJ Europe > KJE949 European Union law
Creators: Davies, Jim and Szyszczak, Erika
Publisher: Sweet & Maxwell
Faculties, Divisions and Institutes: University Faculties, Divisions and Research Centres - OLD > School of Social Sciences (to 2016)
University Faculties, Divisions and Research Centres - OLD > Faculty of Business & Law > Law
University Faculties, Divisions and Research Centres - OLD > Research Centre > Centre for Sustainable Business Practices
Faculties > Faculty of Business & Law > Law
Date: October 2010
Date Type: Publication
Page Range: pp. 695-706
Journal or Publication Title: European Law Review
Volume: 35
Number: 5
Language: English
ISSN: 0307-5400
Status: Published / Disseminated
Refereed: Yes
URI: http://nectar.northampton.ac.uk/id/eprint/3270

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