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Cafaggi, Fabrizio --- "On the transformations of European consumer enforcement law: judicial and administrative trialogues, instruments and effects" [2017] ELECD 762; in Cafaggi, Fabrizio; Law, Stephanie (eds), "Judicial Cooperation in European Private Law" (Edward Elgar Publishing, 2017) 223

Book Title: Judicial Cooperation in European Private Law

Editor(s): Cafaggi, Fabrizio; Law, Stephanie

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786436689

Section: Chapter 9

Section Title: On the transformations of European consumer enforcement law: judicial and administrative trialogues, instruments and effects

Author(s): Cafaggi, Fabrizio

Number of pages: 40

Abstract/Description:

The enforcement of consumer law is characterized by a combination of judicial and administrative regimes that involve European and national institutions.The principle of sincere cooperation, enshrined in Art.4(3) TEU, imposes the engagement of institutional dialogue based on loyalty.Increasingly, the Charter of Fundamental Rights (CFR) and, in particular Art.47 CFR, plays a role in shaping enforcement both before courts and before administrative authorities exercising enforcement power. The separation between rights (at EU level) and remedies (at Member State level) has disintegrated, driven by the principles of equivalence and effectiveness.Fundamental rights and in particular the right to fair trial and to effective judicial protection are increasingly influencing both administrative enforcement and the scope of judicial review.The role of Art.47 CFR in shaping the relationship between the two forms of enforcement is still to be determined.Clearly, a much more frequent and significant reference is made to this provision by the courts than by administrative enforcement authorities. To a more limited extent, administrative enforcement has been influenced by the principle of good administration (Art.41 CFR), which also includes the right to effective remedies.