NCJ Number
62329
Journal
LAW AND POLICY IN INTERNATIONAL BUSINESS Volume: 6 Issue: 4 Dated: (FALL 1974) Pages: 1107-1131
Date Published
1974
Length
25 pages
Annotation
THE DEVELOPMENT OF EUROPEAN CONSUMER PROTECTION LAW IS DESCRIBED WITH EMPHASIS ON THE RELEVANT NATIONAL LAWS AND THE PROVISIONS OF THE CONSUMER PROTECTION CHARTER ADOPTED BY THE COUNCIL OF EUROPE CONSULTATIVE ASSEMBLY.
Abstract
THE EMERGENCE OF MODERN CORPORATE INDUSTRIALISM IN EUROPE STIMULATED INCREASING CITIZEN DEMANDS THAT GOVERNMENTS MAKE MANUFACTURERS RESPONSIBLE TO CONSUMERS. CONSUMER DEMANDS SIGNIFICANTLY AFFECTED GOVERNMENT POLICIES AND ELICITED A MAJOR TRANSNATIONAL RESPONSE BY THE COUNCIL OF EUROPE. IN 1973, THE COUNCIL ADOPTED THE CONSUMER PROTECTION CHARTER WHICH RECOMMENDS THAT MEMBER STATES ESTABLISH MINIMUM LEGAL STANDARDS IN SEVERAL AREAS OF CONSUMER PROTECTION. SOME OF THE EARLIEST EUROPEAN INITIATIVES WERE TAKEN BY INTERNATIONAL ORGANIZATIONS INCLUDING THE WORLD HEALTH ORGANIZATION OF THE UNITED NATIONS. THE EUROPEAN ECONOMIC COMMUNITY INITIATED EFFORTS AT CONSUMER PROTECTION WHICH HAVE HAD LIMITED SUCCESS BECAUSE OF COMPETING INTERESTS. ITS DIRECTIVES HAVE DEALT WITH FOOD STANDARDS, AUTOMOBILE SAFETY, AND PRODUCTS LABELING. UNDER THE AGREEMENTS OF THE COUNCIL OF EUROPE, COUNTRIES ARE EXHORTED TO PROTECT CITIZENS AGAINST PHYSICAL HARM FROM UNSAFE FOOD, CONTAINERS, AND OTHER PRODUCTS BY ESTABLISHING SPECIFIC REQUIREMENTS AND ENFORCING PROTECTIVE STANDARDS. AFFIRMATIVE LAWS OF MEMBER NATIONS INCLUDE BRITAIN'S REQUIREMENT THAT MANUFACTURERS EXERCISE DUE DILIGENCE IN AVOIDING VIOLATIONS OF THE CONSUMER PROTECTION ACT. SEVERAL NATIONS HAVE CODE PROVISIONS CONCERNING UNCONSCIONABLE CONTRACTS AND FRAUD, AND MOST COUNTRIES HAVE STATUTES DIRECTED AGAINST UNFAIR TRADE PRACTICES. MECHANISMS ARE AVAILABLE IN VARIOUS FORMS FOR LAW ENFORCEMENT AND COMPLAINT PROCESSING. FOOTNOTES TO THE ARTICLE ARE PROVIDED. (TWK)