Taking collective interest of consumers seriously

A View from Poland

Marek Safjan, Lukasz Gorywoda, Agnieszka Janczuk

    Research output: Working paperOther research output

    Abstract

    An increased focus on consumer collective redress marks the shift from substance- to enforcement-oriented perspective in the EU consumer policy. The EU action in this regard is currently at the stage of feasibility study but it seems to be moving towards a mechanism protecting collective rather than individual interests of consumers. In spite of these developments, a comprehensive strategy towards the concept of collective interest of consumers is missing at the EU level. We argue that a relative disregard of the procedural functions which the concept performs, as exemplified also by the already existing EU instruments for consumer redress, may lead to under-enforcement of consumer rights. As a possible remedy we put forward a proposal how to make the concept of consumer collective interest a workable tool. From an evolutionary perspective, we also examine how the concept of public interest was construed by the Polish judiciary during the socialist regime to prove that the way the public interest was conceptualised in the past affects the present understanding of the consumers' collective interest. As Poland represents a New Member State and has experienced economic and political transformation, our case study demonstrates how political and economic conditions shape the concept of collective interest. The overall goal of the paper is to show that clear understanding of the idea of collective interest of consumers, which currently varies from one MS to another, is essential for the creation of the internal market in collective redress.
    Original languageEnglish
    Place of PublicationFiesole
    PublisherEUI Working Paper
    Volume2008/26
    Publication statusPublished - 1 Oct 2008

    Fingerprint

    Poland
    Public interest
    Enforcement
    Remedies
    New member states
    Economics
    Internal market
    Judiciary
    Feasibility study
    Consumer rights
    Economic conditions
    Evolutionary

    Keywords

    • consumer protection
    • EU law
    • Poland
    • European contract law

    Cite this

    Safjan, M., Gorywoda, L., & Janczuk, A. (2008). Taking collective interest of consumers seriously: A View from Poland. Fiesole: EUI Working Paper.
    Safjan, Marek ; Gorywoda, Lukasz ; Janczuk, Agnieszka. / Taking collective interest of consumers seriously : A View from Poland. Fiesole : EUI Working Paper, 2008.
    @techreport{3fb05cf6d88c4295a6e9325497c596e1,
    title = "Taking collective interest of consumers seriously: A View from Poland",
    abstract = "An increased focus on consumer collective redress marks the shift from substance- to enforcement-oriented perspective in the EU consumer policy. The EU action in this regard is currently at the stage of feasibility study but it seems to be moving towards a mechanism protecting collective rather than individual interests of consumers. In spite of these developments, a comprehensive strategy towards the concept of collective interest of consumers is missing at the EU level. We argue that a relative disregard of the procedural functions which the concept performs, as exemplified also by the already existing EU instruments for consumer redress, may lead to under-enforcement of consumer rights. As a possible remedy we put forward a proposal how to make the concept of consumer collective interest a workable tool. From an evolutionary perspective, we also examine how the concept of public interest was construed by the Polish judiciary during the socialist regime to prove that the way the public interest was conceptualised in the past affects the present understanding of the consumers' collective interest. As Poland represents a New Member State and has experienced economic and political transformation, our case study demonstrates how political and economic conditions shape the concept of collective interest. The overall goal of the paper is to show that clear understanding of the idea of collective interest of consumers, which currently varies from one MS to another, is essential for the creation of the internal market in collective redress.",
    keywords = "consumer protection, EU law, Poland, European contract law",
    author = "Marek Safjan and Lukasz Gorywoda and Agnieszka Janczuk",
    year = "2008",
    month = "10",
    day = "1",
    language = "English",
    volume = "2008/26",
    publisher = "EUI Working Paper",
    type = "WorkingPaper",
    institution = "EUI Working Paper",

    }

    Safjan, M, Gorywoda, L & Janczuk, A 2008 'Taking collective interest of consumers seriously: A View from Poland' EUI Working Paper, Fiesole.

    Taking collective interest of consumers seriously : A View from Poland. / Safjan, Marek; Gorywoda, Lukasz; Janczuk, Agnieszka.

    Fiesole : EUI Working Paper, 2008.

    Research output: Working paperOther research output

    TY - UNPB

    T1 - Taking collective interest of consumers seriously

    T2 - A View from Poland

    AU - Safjan, Marek

    AU - Gorywoda, Lukasz

    AU - Janczuk, Agnieszka

    PY - 2008/10/1

    Y1 - 2008/10/1

    N2 - An increased focus on consumer collective redress marks the shift from substance- to enforcement-oriented perspective in the EU consumer policy. The EU action in this regard is currently at the stage of feasibility study but it seems to be moving towards a mechanism protecting collective rather than individual interests of consumers. In spite of these developments, a comprehensive strategy towards the concept of collective interest of consumers is missing at the EU level. We argue that a relative disregard of the procedural functions which the concept performs, as exemplified also by the already existing EU instruments for consumer redress, may lead to under-enforcement of consumer rights. As a possible remedy we put forward a proposal how to make the concept of consumer collective interest a workable tool. From an evolutionary perspective, we also examine how the concept of public interest was construed by the Polish judiciary during the socialist regime to prove that the way the public interest was conceptualised in the past affects the present understanding of the consumers' collective interest. As Poland represents a New Member State and has experienced economic and political transformation, our case study demonstrates how political and economic conditions shape the concept of collective interest. The overall goal of the paper is to show that clear understanding of the idea of collective interest of consumers, which currently varies from one MS to another, is essential for the creation of the internal market in collective redress.

    AB - An increased focus on consumer collective redress marks the shift from substance- to enforcement-oriented perspective in the EU consumer policy. The EU action in this regard is currently at the stage of feasibility study but it seems to be moving towards a mechanism protecting collective rather than individual interests of consumers. In spite of these developments, a comprehensive strategy towards the concept of collective interest of consumers is missing at the EU level. We argue that a relative disregard of the procedural functions which the concept performs, as exemplified also by the already existing EU instruments for consumer redress, may lead to under-enforcement of consumer rights. As a possible remedy we put forward a proposal how to make the concept of consumer collective interest a workable tool. From an evolutionary perspective, we also examine how the concept of public interest was construed by the Polish judiciary during the socialist regime to prove that the way the public interest was conceptualised in the past affects the present understanding of the consumers' collective interest. As Poland represents a New Member State and has experienced economic and political transformation, our case study demonstrates how political and economic conditions shape the concept of collective interest. The overall goal of the paper is to show that clear understanding of the idea of collective interest of consumers, which currently varies from one MS to another, is essential for the creation of the internal market in collective redress.

    KW - consumer protection

    KW - EU law

    KW - Poland

    KW - European contract law

    UR - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1330909

    M3 - Working paper

    VL - 2008/26

    BT - Taking collective interest of consumers seriously

    PB - EUI Working Paper

    CY - Fiesole

    ER -

    Safjan M, Gorywoda L, Janczuk A. Taking collective interest of consumers seriously: A View from Poland. Fiesole: EUI Working Paper. 2008 Oct 1.