Keywords
alternative dispute resolution, consumer protection, redress procedure, online dispute resolution, consumer law enforcement, Directive 2013/11/EU on consumer ADR, Regulation 524/2013 on consumer ODR, ADR entity, access to justice
Abstract
Ensuring access to simple, efficient, fast and low-cost dispute resolution methods has proven to be one of the most important tasks of European institutions in recent years. Due to the fact that alternative dispute resolution (ADR) methods fulfil all of the above mentioned criteria, the European Commission adopted some measures aiming at the application of these methods to deal with consumer disputes. The Commission specified these initiatives in 2011 in its proposal of Directive 2013/11/UE on consumer ADR and Regulation 524/2013 on consumer ODR. Closer scrutiny of the respective provisions of these EU acts makes it possible however to identify a number of problems surrounding their application in national legal orders. The paper indicates some controversial issues emerging from the implementation and application of these provisions including: potentially hindering consumer access to justice; increased risk of entrepreneurs abusing their position; quality of decisions rendered by ADR entities as well as their dubious impartiality and independence; the need for incurring the costs of developing a coherent ADR system in the whole EU.
Recommended Citation
Mucha, J. (2014). Alternative dispute resolution for consumer disputes in European law – the latest legal solutions (Directive 2013/11/EU on consumer ADR and Regulation 524/2013 on consumer ODR). internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 3(4), 79-89. Retrieved from https://press.wz.uw.edu.pl/ikar/vol3/iss4/6
First Page
79
Last Page
89
Page Count
10
Publisher
University of Warsaw