NCJ Number
58669
Date Published
1976
Length
9 pages
Annotation
INDIVIDUAL AND COLLECTIVE CONSUMER INTERESTS ARE DISCUSSED, AND SUGGESTED STANDARDS FOR EFFECTIVE CONSUMER PROTECTION ARE EXAMINED IN THE CONTEXT OF THE ITALIAN LEGAL SYSTEM.
Abstract
WHILE CONSUMER INTERESTS ARE EXPERIENCED PRIMARILY BY THE INDIVIDUAL, IT IS A GROUP CONCERN TO THE EXTENT THAT LARGE NUMBERS OF INDIVIDUALS SEEK TO HAVE THE SAME NEEDS MET WITHIN THE SAME ENVIRONMENT OR MARKETPLACE. ALL CONSUMERS ARE CONTINUALLY THREATENED, BECAUSE THEY ARE TECHNOLOGICALLY ALMOST EXCLUSIVELY DEPENDENT ON THE PRODUCTIVE APPARATUS, WHICH TENDS TO HAVE INTERESTS THAT CONFLICT WITH THOSE OF THE CONSUMER. BECAUSE OF THIS CIRCUMSTANCE, EFFECTIVE CONSUMER PROTECTION MUST OPERATE AT A PREVENTIVE LEVEL. FURTHER, PRIVATE PROTECTION MUST BE ESTABLISHED ON A LEGAL BASIS DEFINED AS 'BROADLY BASED'. THIS MEANS THAT THE LEGAL RIGHT TO PROTECTION MUST BE GRANTED TO ANY PERSON WHO CAN SHOW THAT THE INTEREST IS BEING INJURED OBJECTIVELY, WITHOUT ANY REQUIREMENT THAT THE PLAINTIFF DEMONSTRATE THAT HE HAS PERSONALLY SUFFERED INJURY. PROTECTION MUST ALSO BE PERMANENT IN VIEW OF THE PERMANENT CHARACTER OF CONSUMER THREATS. THIS MEANS THAT IT MUST NOT BE DEPENDENT UPON THE SINGLE REMEDY OF A PRIVATE ACTION. CURRENT RULES IN FORCE IN ITALY ARE EXAMINED WITH RESPECT TO THEIR FACILITATION OF THE IMPLEMENTATION OF THE AFOREMENTIONED PRINCIPLES. THE REMEDY FOR CIVIL WRONG IS THE STANDARD ACTION FOR DAMAGES, WHICH TENDS TO REDUCE EVERYTHING TO MONEY, WHILE DEEMPHASIZING THE COURT'S SUPERVISION OF PREVENTIVE UNDERTAKINGS. VARIOUS LAWS, HOWEVER, DO PROVIDE MEASURES TO INVESTIGATE, INSPECT, AND PREVENT CASES OF FRAUD, DECEPTION, AND HARMFUL ACTS IN GENERAL AGAINST CONSUMERS IN CERTAIN AREAS. THE 'DE JURE CONDITO' SITUATION IN ITALY IS UNFAVORABLE FOR A BROADLY-BASED RIGHT OF PROTECTION FOUNDED ON CIVIL LAW; IT REQUIRES THAT THE PLAINTIFF HAVE AN INTEREST UNIQUE TO HIMSELF. PERMANENT PROTECTION, WHICH REQUIRES THAT CIVIL LAW MEASURES BE ACCOMPANIED BY THE EXISTENCE AND ACTION OF A PUBLIC BODY DEVOTED TO PROTECTING CONSUMER INTEREST, IS WEAK IN ITALY. THERE IS A NEED FOR THE LEGAL SYSTEM TO BE CHANGED SO AS TO PERMIT ACTION THAT WILL DEAL WITH PROBLEMS COMMON TO ALL CONSUMERS. EXPLANATORY NOTES ARE PROVIDED. (RCB)