Entrenchment of New Governance in Consumer Policy Formulation: A Platform for European Consumer Citizenship Practice?

Consumer typologies reveal categories of the consumer that stretch from the vulnerable to the empowered notion of the consumer citizen. At the empowered end of this spectrum, consumers in Europe have a developing, normative, organisational structure that provides channels for the consumer voice to influence consumer policy at the European level. This is an organisational structure with mechanisms for developing an effective consumer empowerment and enforcement framework across all EU Member States. It is a framework that forms a coherent whole with the European-level consumer institutions. This paper examines the integrated nature of these institutions and their role in influencing the development of consumer policy through a multi-level platform of new governance. It discusses the normative processes that, through empowerment and engagement, are encouraging a consumer citizenship practice to exploit these channels of communication in order to influence policy development.     

Consumer education in the UK: new developments in policy,strategy and implementation

Consumer education is an integral part of the European Community's consumer policy. It plays a key role in consumer empowerment, helping consumers gain the skills, attitudes and knowledge they need to be able to gear the choices they make as consumers to their economic interests and to protect their health and safety. In its policy statement, the Directorate General for Health and Consumer Protection states that the European Community is aware that joint measures at national and Community levels should be more structured, in order to achieve maximum effectiveness. This paper aims to set out the current policy and strategic context for consumer education and empowerment in the UK; review the role of UK government bodies and other agencies concerned with developments; review recent literature; present the results of interviews with an extensive range of key stakeholders and the results of a survey of service heads for trading standards throughout the UK. It will consider implementation, partnership, resources, ideas and opportunities. The research found that the agenda for consumer education in the UK is at an interesting stage of development. The Enterprise Act 2002 gives the Office of Fair Trading (OFT) a statutory power to carry out educational activities. Consumer education is also moving up the agenda in the trading standards service. In addition, the teaching of citizenship in English schools is already stimulating new developments in consumer education. The paper will consider the need for organizations like these to work together to build on these policy developments and ensure that consumer education gains the profile it needs to influence consumer attitudes and behaviour.     

Consumer education and empowerment in Europe: recent developments in policy and practice

This article develops the findings of an evaluation of European Commission consumer education, information and capacity building actions conducted in 2011, with an examination of action taken by 2016 to address the recommendations. Based on empirical research of documents, in‐depth interviews, focus groups and semi‐structured surveys of Directorate General for Health and Consumers and Directorate General for Education and Culture policy networks, it discusses the journey taken to improve consumer education and empowerment throughout Europe. Implementation of the recommendations aims to transform consumer education and empowerment in Europe, with integrated and updated resources for the maximum number of teachers across the European Union, where teachers can focus the resources on consumer education activities relevant for their learners. A key focus of the new developments is to deliver higher European Union (pan‐European) added‐value, better coordination and synergies with national activities.     

Consumer empowerment: global context,UK strategies and vulnerable consumers

Globalization has created new consumer needs and wants, and resulted in consumer confusion regarding the increasing complexity of products and services. This has stimulated global interest in educating and empowering consumers. The UK government has made a very ambitious commitment to ensure that the framework for consumer empowerment and support is at the level of the best in the world by 2008. The government, many consumer organizations and regulators believe that empowered consumers are key to the success of competitive markets. Two national strategies to co‐ordinate activities in the UK have been developed by the Office of Fair Trading (OFT) and the Financial Services Authority (FSA). The OFT consumer education strategy aims to deliver targeted, effective consumer education by increasing co‐ordination and making the best use of available resources. The FSA is leading a financial capability strategy designed to deliver change to improve the UK's financial capability. Both strategies share a vision of educated and confident consumers making informed choices about the products and services they buy, and both aim to empower vulnerable consumers. Given the global interest and the development of national strategies, it is useful to consider what is meant by the term consumer empowerment. Is there a shared view of consumer empowerment internationally? Does the education of consumers result in empowered consumers? To what extent do the national strategies address the empowerment of vulnerable, disadvantaged, excluded or susceptible consumers? These questions will be addressed in this article which reviews the global context for the consumer education and empowerment agenda and considers key UK developments, with particular reference to the needs of vulnerable consumers. The study found that the language of consumer empowerment is gaining prominence in policy and strategy documents at the highest levels internationally in the Organisation of Economic Cooperation and Development and the European Community, and nationally in the UK.     

Effective Paths for Consumer Empowerment and Protection in Retail Energy Markets

Consumer empowerment and protection are frequently discussed in contemporary energy policy debates. The process of consumer empowerment through information and consumer education has great potential, yet consumer switching as the concomitant outcome of this process remains low. Additional protection for vulnerable consumers is called for. This article is centred on the path to achieving consumer empowerment and protection. In particular, it stresses that empowerment should be viewed as a long-term process. Regulators should not focus on the mere outcome of switching and adopt remedies aimed at changing consumer behaviour in the short term. The discussion highlights how attempts to protect vulnerable consumers through an ancillary application of competition law distort the competitive process and should be avoided. Personal vulnerabilities, such as low income, can be better tackled with targeted social policy measures, whereas instances of vulnerabilities pertaining to the market context, such as difficulties in assessing different energy offers, are better phased out through the market mechanism.     

Consumer Ethics in the European Union: A Comparison of Northern and Southern Views

There is a growing interest in understanding consumer ethical actions in relation to their dealings with firms. This paper examines whether there are differences between Northern and Southern European Union (EU) consumers' perceptions of ethical consumer behaviour using Muncy and Vitell's (1992) Consumer Ethics Scale (CES). The study samples 962 university students across four Northern EU countries (Germany, Denmark, Scotland, The Netherlands) and four Southern EU countries (Portugal, Spain, Italy, Greece). Some differences are identified between the two samples, which might question the ability of organisations to consider the EU as one homogeneous market.     

The New Political Economy of EU State Aid Policy

Despite its importance and singularity, the EU’s state aid policy has attracted less scholarly attention than other elements of EU competition policy. Introducing the themes addressed by the special issue, this article briefly reviews the development of EU policy and highlights why the control of state aid matters. The Commission’s response to the current economic crisis notably in banking and the car industry is a key concern, but the interests of the special issue go far beyond. They include: the role of the European Commission in the development of EU policy, the politics of state aid, and a clash between models of capitalism. The special issue also examines the impact of EU policy. It investigates how EU state aid decisions affect not only industrial policy at the national level (and therefore at the EU level), but the welfare state and territorial relations within federal member states, the external implications of EU action and the strategies pursued by the Commission to limit any potential disadvantage to European firms, and the conflict between the EU’s expanding legal order and national.     

The Impact of EU Norms and Policies on Consumer Protection Enforcement in Serbia

Pursuant to its 2008 Stabilization and Association Agreement governing the process of EU integration, Serbia is obliged to align its consumer protection standards (including those related to enforcement) with those of the EU. This article considers the overall approach to enforcement of consumer law in Serbia, focussing in particular on the extent to which EU enforcement principles have been successfully exported to Serbia and whether the goals of EU consumer policy have been achieved. It argues that the incorporation of EU norms has brought fundamental changes to Serbian enforcement mechanisms at a formal level, such as in relation to mediation processes as well as the introduction of injunctions for the protection of collective consumer interests. In practice, however, the impact of this incorporation is quite limited. A number of factors that restrict the practical effectiveness of the mediation processes and injunctions required by EU law are explored in the article, including weak sanctions, excessive reliance on poorly resourced consumer organizations, absence of a business culture of compliance or a sophisticated and determined consumer protection enforcement culture sufficiently grounded in expertise, as well as an overarching political, legislative, and institutional instability. These factors also undermine the general aim of EU policy to achieve effective consumer protection enforcement in the Serbian context.     

The European dimension of the digital economy

The economic performance of the European Union has taken on a new dimension in regard to the emerging “digital economy”. Usually, it is argued that the EU lags behind the United States in most aspects of the use and diffusion of information and communication technologies (ICT). This paper argues that there are serious challenges confronting the EU in dealing with the digital economy, especially in respect to education issues, consumer confidence and the avoidance of a “digital divide”. On the other hand it is pointed out that there has been tremendous progress in respect to the economic significance of electronic commerce, the development of (self-)regulatory mechanims and the creation of a modern policy framework. The content of this article is entirely the responsibility of the author and does not necessarily reflect the views of the BMWi or any EU institution.     

Networks to Enforce European Law: The Case of the Consumer Protection Cooperation Network

Central to this paper is the aim to discuss the effectiveness of the Consumer Protection Cooperation Network (also known as ??CPC Network??) for consumer protection in cross-border disputes in the European Union (EU). In doing so, this paper deals with the literature about networks established by grouping the Commission and national authorities to enforce European Law. The examples of the European Competition Network and the CPC Network are interesting because they raise questions with regard to the effectiveness and the accountability of emerging network-based law enforcement. The development of the CPC Network may have relevant implications for other areas of EU law and policy, including the question whether network-based governance could be transposed in other fields of EU Law.     

Regime Market Performance Analysis: Informing European Consumer Policy

The Single Market of the European Union has progressed during recent decades to encompass more than 500 million consumers in 28 EU Member States and adjoining countries. During the same period, consumer issues have received growing policy interest and policy measures have been put in place to harmonize the Single Market, that is, to make national markets more alike. Yet, in order to provide policy measures that promote desirable market outcomes, the considerable challenge of understanding differences in the market performances of participating countries and the relationships between national markets and the Single Market need to be addressed. Consequently, this article proposes the consideration of differences in terms of regimes, that is, between groups of similar countries, when assessing the performances of markets. Differences in market performances are analysed with the Kruskal–Wallis test using survey data from the European Commission, and results were reviewed against market studies carried out by the Commission. Findings show that regime differences in market performance can indeed be observed and that the regime approach can draw policy attention to commonalities in market arrangements in addition to the consumer issues conventionally examined, such as price differences and consumer awareness.     

How Safe Are the Harbors?

Abstract

With the growth of e-commerce has come the need for businesses to provide protection of personal, private data collected from internet users and consumers. The United States has favored a policy of industry self-regulation, while the European Union (EU) has responded to its consumer demands for privacy protection regulations and enforcement. Faced with the critical need for a middle ground, the US has proposed “Safe Harbor Privacy Principles” as a means of compromise with the EU. This article explores the market context of the Safe Harbor Principles, the European reaction, and the probable impact on businesses.     

The Hungarian Cocktail of Competition Law and Consumer Protection: Should It Be Dissolved?

Hungary, a candidate country expecting to join the EU in 2004, has to approximate its laws and economic policies to those of the EU. However, it is not certain whether the Brussels standards will always improve national rules.This article will discuss one possible case. It concerns the special Hungarian legislation on competition law and certain consumer protection rules in the Competition Act of 1990 and the amended Act of 1996. The inclusion of rules governing consumer interests in the Acts greatly contributed to the recognition and the enforcement of consumer interests in Hungary.Nevertheless, the European Commission and the OECD increasingly argue that the Hungarian Office of Economic Competition should pass its competence in consumer related cases to another institution and instead pay more attention to more prominent fields of competition law such as horizontal agreements and mergers.This article will contest this argument. Although it is an understandable approach, there are several reasons why it should be carefully reconsidered. These include the position of consumers, which is still weak, the general system of consumer protection in Hungary, and the strong standing of the Office for Economic Competition. The comprehensive nature of the Hungarian Competition Act of 1996 is one of the cases in which the European guidelines should be considered with caution in order to determine whether their implementation would improve or damage a system that already functions well.     

State Aid Policy, Territoriality and Federalism: EU Scrutiny and Control of Regional Aid and the Supranationalisation of Subnational Autonomy in Federal Member States

Whilst its impact on national industrial policy has attracted considerable attention in the scholarly literature, the implications of EU state aid policy on regional development policy and its effects on territorial relations inside EU member states have been largely neglected. Drawing on the experience of Bavaria, Flanders and Upper Austria, this article shows how EU action has imposed increasingly wide reaching and detailed constraints on subnational authorities, undermining and eroding their capacity to define and implement regional policy. It thereby also challenges the widely held presumption in the EU literature, as for example by proponents of multi-level governance, that European integration works invariably to empower and strengthen regions in Europe. To the contrary, the case studies show that the autonomy of subnational states in EU member countries with federal systems has been eroded as they have been forced to abandon traditional policies and practices. More generally, the article invites reconsideration of the relationship between European integration and subnational authorities.     

Managing the Dilemma of Discretion: The European Commission and the Development of EU State Aid Policy

This article examines the role played by the European Commission in the development of the European Union’s (EU) state aid policy. It does so through the prism of a “dilemma” that exists at the nexus of the Commission’s delegated authority to administer EU treaty state aid provisions, the discretion conferred on Commission authorities by the imprecise language in which those provisions are written, and the political and institutional control mechanisms EU member governments use to influence the exercise of that discretion. Examining Commission efforts to manage this dilemma over the history of the EU, we provide evidence to illustrate how the Commission’s approach adapted to shifting economic and political conditions.     

Evolution of pharmaceutical regulations and their consequences in the European Union and the United States

This article examines the nature of the European Union (EU) and United States regulation of the pharmaceutical industry in recent years. A series of Regulations and Directives issued by the European Commission and reinforced by decisions of the European Court of Justice have achieved harmonization of the pharmaceutical industry throughout the EU. In the U.S., as a result of the federal system, harmonization has not been a issue; the focus of regulation has been to achieve a balance between those companies using research and development (R&D) to create innovative products and the generic companies which provide quality medicines at lower costs to the consumer. Notwithstanding this difference in orientation, similar problems have been faced in the EU and the U.S.: patent term extension, pediatric versions, and assurance that new drugs are safe and effective. The similarity of issues and often their solutions should not be surprising since the pharmaceutical industry is truly global. U.S. products are sold throughout the EU and European products are readily available in the U.S. The level of regulation, both in the EU and the U.S. has not stymied the industry, as it remains a global leader in developing new and innovative products utilized throughout the world. © 2002 Wiley Periodicals, Inc.     

谈我国信用征信业加入WTO后应对欧盟数据保护指令的策略

1998年10月开始生效的欧盟资料保护指令禁止个人资料向不具备欧盟适当隐私保护水平的第三国转移,这一做法无疑增加了中欧贸易的障碍,也不利于我国信用征信业的发展,为了避开禁令限制,根据欧盟指令的让步条款,结合WTO争端解决方式及美欧安全港协议,信用报告使用者、信用征信业和政府各有可行的应对策略。     

Consumers and deregulation of the electricity market in Germany

Against the backcloth of EU regulation, this note looks at the “politics of necessity” regarding electricity provision in Germany. Electricity as a case is chosen because its provision has been undergoing a profound process of liberalisation and deregulation, and there is a considerable amount of experience with the chances and pitfalls of liberalisation in this sector. Secondly, electricity is a network industry and a natural monopoly subject to systematic market failure, which calls for regulation. The paper starts out with a closer look at the consumer as an actor in the regulation process, proposing a three-role model of the consumer as a market player, as a citizen, and as a micro-producer in households and networks. In these roles, consumers take on different social and political identities; they are affected differently by (de)regulation of essential services and have different options for reacting to quality and price issues. It then describes the legal state and the development of deregulation in the electricity sector in Germany. Selected empirical data are presented, and consumer policy implications are drawn.     

Between Neo-Liberalism and the Social Market: Approaches to Debt Adjustment and Consumer Insolvency in the EU

Many EU countries introduced debt adjustment systems as a response to the growth of over-indebtedness since the 1980s. These systems, originally introduced in many countries as crisis measures, have now become normalized, metamorphosing through a continuing learning process into a combination of debt adjustment and insolvency relief through a discharge of debt, sometimes after only 1?year, but often after a debt repayment plan over a period of 3–7?years. Since the early 2000s, new Member States of the EU have also introduced insolvency systems, often based on models from the old states. This paper examines experience in European consumer insolvency systems, based on the modest empirical studies of existing systems, primarily England, France and Germany. It discusses the reasons for the use of consumer insolvency, and the limited data on the characteristics of users, charts distinct national approaches and outlines common themes and objectives for consumer insolvency in the context of EU measures to create an integrated credit market in a “competitive social market. To economy”. It concludes by underlining the absence of systematic social science knowledge on existing systems and outlines areas for further research.     

The Future of European Growth Policies: Resetting Integration

This note argues that one should lay the focus of future European growth policy on integration and technology. This focus should be on maximising the growth effects of their interaction, with an emphasis on the importance of deep integration. The note provides three examples that show how deep integration has contributed to stop the relative economic decline in the UK vis-à-vis the EU founding members; how deep integration increased productivity in Sweden, Austria, and Finland compared to that in Norway; and how a key mechanism to advancements in the new EU member states has been the capacity of deep integration to generate institutional change.