in Europe from a national to a panEuropean Model HansW Micklitz 21 4 2015 HansW Micklitz 1 C larifications European consumer law horizontal and vertical regulated markets The actors of enforcement individuals collective entities courts and agencies ID: 317777
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Enforcement in Europe: from a national to a pan-European Model
Hans-W. Micklitz21-4-2015
Hans-W. Micklitz
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Clarifications
European consumer law, horizontal and vertical (regulated markets)The actors of enforcement: individuals, collective entities, courts and agenciesThe multi-level dimension: regional, national, European, international
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Transformations from national to pan-European
InfringementsInstitutionsRemedies
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Infringements
The distinction between major and minor infringementsIndicators: spread, depth, economic, social and political relevance,Examples: competition law, environmental law, now the banking unionMajor infringements for the EU level, minor for the national level
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institutionsIndividuals turn into agents for the collectivity
Collectivities turn into enforcement institutions (Consumer organisations and self-regulatory bodies)ADR/ODR turn into substitutes for courts
Courts turn agenciesAgencies turn into courts
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Remedies
From individual to collectiveFrom judicial to administrativeFrom hard to softFrom enforcement to complianceFrom judicial protection to managing execution
From public decision making to confidential monitoring
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ConsequencesMinor infringements: compliance through self-control – individually ADR/ODR – collectively - administrative management, if any – national level
Major infringements: enforcement – courts as last resort control – individuals as agents – collective enforcement via courts/agencies as managers
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Effects on the Legal System
Trends towards centralisationMarginalisation and provincialisation
of the lower levelsRise of the executive in conjunction with self regulatory bodies
D
ecline of the role and function of courts
Loss of publicly available knowledge
Reduction of the accountability
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Effects on the Law
Decline of the law – informal administrative decisions, ADR/ODR, arbitration subject to legal scrutiny in extreme cases onlyLaw as politics – the vanishing law is substituted by politicsFairness instead of justice – informal solutions favour compromises (a bird in the hand is
worth two in the bush)
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Counterstrategies
There is no way back to the good old times (provided they were good)Key question: How to manage the grand bifurcation?Social/public responsibility of private actorsSocial/private responsibility of public actors
Greater social space for responsible actions
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Plea for integrated Enforcement
Involving and interlinking private and public, individual and collective actorsAcross various levels of enforcementThe means: networking between the institutionsInformation exchange and
co-ordinated actionA promising example: the Apple case
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