NCJ Number
58673
Date Published
1976
Length
48 pages
Annotation
JUDICIAL AND EXTRAJUDICIAL PROCEDURES FOR PROTECTING CONSUMERS IN THE NETHERLANDS ARE CRITIQUED, AND REFORMS ARE SUGGESTED.
Abstract
CONSUMERS IN THE NETHERLANDS HAVE LONG BEEN ABLE TO INVOKE TWO TYPES OF LEGAL PROCEEDINGS--CIVIL AND CRIMINAL. CIVIL PROCEEDINGS ARE NOT A USEFUL MEANS OF CONSUMER PROTECTION BECAUSE OF THE DEARTH OF INFORMATION, THE INADEQUACY OF LEGAL AID AVAILABLE TO CONSUMERS, HIGH COSTS, DISCOURAGING PSYCHOLOGICAL FACTORS, AND THE SLOWNESS OF PROCEDURES. CRIMINAL PROCEEDINGS ARE CONFINED TO A FEW AREAS OF CONSUMER PROTECTION, SUCH AS THE COMPOSITION AND PREPARATION OF FOODSTUFFS, THE SAFETY OF DANGEROUS PRODUCTS, ELECTRICAL APPLIANCES, AND PRICES. IN ADDITION, MANY DISPUTES BETWEEN CONSUMERS AND SUPPLIERS OR MANUFACTURERS DO NOT LEND THEMSELVES TO CRIMINAL PROCEEDINGS. IN VIEW OF THE PROBLEMS ASSOCIATED WITH CRIMINAL AND CIVIL PROCEEDINGS IN CONSUMER ISSUES, BUSINESS CIRCLES HAVE FOUND IT NECESSARY TO ESTABLISH EXTRAJUDICIAL RULES AND DRAW UP CODES OF FAIR PRACTICE TO BE ENFORCED BY DISCIPLINARY BOARDS. THE DISCIPLINARY BOARDS, HOWEVER, HAVE NO POWERS OF INVESTIGATION, NOR CAN THEY IMPOSE ADEQUATE PENALTIES, AND THE PARTIES ARE NOT BOUND TO SUBMIT TO AN EXAMINATION BY THEM (EXCEPT ADVOCATES AND DOCTORS). FACED WITH THESE DIFFICULTIES, TRADE AND CONSUMER ORGANIZATIONS HAVE SET UP ARBITRATION BOARDS, WHICH VARY GREATLY IN THE FORM OF THEIR DECISIONS (ARBITRATION, MEDIATION, BINDING OPINIONS, OPINIONS AND THEIR COMPOSITION, LOCATION, PUBLIC RELATIONS, AND COSTS OF PROCEEDINGS). REFORMS ARE SUGGESTED PARTICULARLY IN CIVIL PROCEEDINGS AND THE OPERATION OF THE ARBITRATION BOARDS. COMMENTS ARE OFFERED REGARDING THE PROTECTION OF INDIVIDUAL CONSUMERS ANN THE GENERAL PUBLIC, ALONG WITH CONSUMER PROTECTION NATIONALLY AND INTERNATIONALLY. IN ADDITION TO EXPLANATORY NOTES, AN APPENDIX PROVIDES A LIST OF PARAJUDICIAL MEANS OF LEGAL CONSUMER PROTECTION IN VARIOUS CONSUMER AREAS IN THE NETHERLANDS. (AUTHOR ABSTRACT MODIFIED--RCB)