Fundamental Rights and the European Regulation of iConsumer Contracts |
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Authors: | Chantal Mak |
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Institution: | (1) Centre for the Study of European Contract Law, University of Amsterdam, P.O. Box 1030, 1000, BA, Amsterdam, the Netherlands |
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Abstract: | This paper addresses the question of how fundamental rights affect European legislation and adjudication on contracts regarding
digital information services (iConsumer contracts). Fundamental rights may be seen as representing political choices for the
protection of certain values in society, but at the same time, they are enacted rules of the legal system, which may be invoked
to enforce the protection of the interests they represent. It is submitted that because of this double-faced nature, they
can bring to the fore policy issues in contract legislation and case law. Fundamental rights can thus play a role in evaluating
the policy choices that are being made in the review of the acquis communautaire in the field of consumer law. For iConsumer contracts, that means that the rights of consumers, authors, and suppliers of
copyright-protected content affect the choice of rule-solutions on the European legislative level. Furthermore, these rights
have an impact on the case law of the European Court of Justice in the field of e-commerce. Fundamental rights help define
the various rule-solutions the Court can choose from and thus demarcate the law-making capacity of the judiciary.
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Keywords: | Consumer law European Union Fundamental rights E-commerce |
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