Journal & Issues

Volume 22 (2022): Issue 2 (December 2022)

Volume 22 (2022): Issue 1 (July 2022)

Volume 21 (2021): Issue 2 (December 2021)

Volume 21 (2021): Issue 1 (June 2021)

Volume 20 (2020): Issue 2 (December 2020)

Volume 20 (2020): Issue 1 (June 2020)

Volume 19 (2019): Issue 2 (December 2019)

Volume 19 (2019): Issue 1 (June 2019)

Volume 18 (2018): Issue 2 (December 2018)

Volume 18 (2018): Issue 1 (June 2018)

Volume 17 (2017): Issue 2 (December 2017)

Volume 17 (2017): Issue 1 (June 2017)

Volume 16 (2016): Issue 2 (December 2016)

Volume 16 (2016): Issue 1 (June 2016)

Volume 15 (2015): Issue 2 (December 2015)

Volume 15 (2015): Issue 1 (June 2015)

Volume 14 (2014): Issue 2 (December 2014)

Volume 14 (2014): Issue 1 (June 2014)

Volume 13 (2013): Issue 2 (December 2013)

Volume 13 (2013): Issue 1 (June 2013)

Volume 12 (2012): Issue 2 (December 2012)

Volume 12 (2012): Issue 1 (June 2012)

Volume 11 (2011): Issue 2 (December 2011)

Volume 11 (2011): Issue 1 (June 2011)

Journal Details
Format
Journal
eISSN
2464-6601
First Published
08 Jun 2011
Publication timeframe
2 times per year
Languages
English

Search

Volume 22 (2022): Issue 1 (July 2022)

Journal Details
Format
Journal
eISSN
2464-6601
First Published
08 Jun 2011
Publication timeframe
2 times per year
Languages
English

Search

11 Articles
Open Access

Procedural specifics of resolving consumer disputes in individual civil court proceedings in the Czech Republic

Published Online: 23 Sep 2022
Page range: 8 - 31

Abstract

Summary

The regulation of consumer protection in procedural law is largely up to the individual Member States of the European Union, which have procedural autonomy in these matters. In the area of individual judicial protection, there are two possible approaches to consumer protection. The first of these is not to introduce any regulation of procedural rules, as the general legal regulation of civil court proceedings seems to be fully sufficient to meet the above requirements. The other approach is to introduce special procedural rules for consumer protection. The Czech procedural regulation is based more on the first approach. The aim of this article is to evaluate whether the regulation set in this way provides the consumer with sufficient protection and meets the requirements of the right to judicial protection and a fair trial.

Keywords

  • civil procedure
  • consumer disputes individual civil court proceedings
Open Access

Collective Actions for the Protection of Consumers in the Czech Republic

Published Online: 23 Sep 2022
Page range: 32 - 42

Abstract

Summary

The paper at hand deals with collective procedural mechanism in the Czech Republic. Class action is nowadays considered one of the main procedural tools to protect consumers. Collective procedure in business-to-consumer disputes is thus on its rise in Europe. Yet, the Czech Republic belongs to few EU Member States where consumers still cannot rely on comprehensive regulation of collective action. The paper firstly provides for a brief introduction of existing possibilities that are governed by the Czech procedural law such as right of a consumer organisation to file for representative action on injunction relief or judge’s discretion to use the consolidation of civil proceedings. Further, the article focuses on the question, whether it would be useful if the Czech consumers (or qualified entities on their behalf) could file for collective action on redress measure. The paper subsequently presents the main principles of the unsuccessful Proposal for Collective Proceedings Act, which was submitted by the former Government. Finally, the article elaborates on possible development in this matter, given a duty of the Czech legislator to implement Directive on representative actions.

Keywords

  • class action
  • collective action
  • collective redress
  • consumer protection
  • representative action
  • collective proceedings
Open Access

Procedural Specifics of Consumer Dispute Resolutions in Slovakia

Published Online: 23 Sep 2022
Page range: 43 - 72

Abstract

Summary

The substantive provisions protecting the consumer in contractual relations belong to the reality of European and Slovak national law, which no one dares to doubt anymore. These norms are of such importance that they have fundamentally influenced the nature of civil law in general. In order for civil procedure to fulfil its basic function in this area, that is, to protect and enforce substantive law and to be a means of protecting subjective rights and legally protected interests, it must ‘keep up’ with the development of substantive law. Procedural law ensures the fullfilment of consumer rights as well. This article crearly describes the procedural specifics of consumer dispute resolutions in Slovakia. It brings the overview of the system of procedural protection as o whole but also focuses deeper on specifics of consumer disputes in standard civil procedure before general courts. The article also briefly describes the system of alternative dispute resolution for consumer disputes and system of consumer procedural protection in administrative and criminal proceedings.

Keywords

  • civil procedure
  • consumer dispute resolution
  • procedural specifics
  • alternative dispute resolution
Open Access

Consumer Enforcement Opportunities – New Approaches and Trends in Hungarian Procedural Laws

Published Online: 23 Sep 2022
Page range: 73 - 86

Abstract

Summary

The European Union has put in place EU rules on consumer contracts and enforcement of consumer rights. These tendencies have also had a significant impact on the Hungarian legislation of recent years. We would describe some provisions of the new Hungarian Code of Civil Procedure concerning consumer enforcement and the Hungarian experience of Directive 93/13/EEC so far. The new Hungarian Code of Civil Procedure has reformed domestic rules on jurisdiction in the field of a consumer’s claim arising from a contractual relationship. The article also covers the following areas of law: Hungarian experience with foreign currency-based loan agreements, reforms to the preliminary ruling procedure in the new Hungarian Code of Civil Procedure.

Keywords

  • the new Hungarian Code of Civil Procedure
  • consumer protection
  • jurisdiction
  • preliminary ruling procedure
  • consumer loan agreements
  • ex officio
Open Access

Rules of Consumer Redress in Hungary, in Particular Regarding the Domestic Model of Alternative Dispute Resolution

Published Online: 23 Sep 2022
Page range: 87 - 99

Abstract

Summary

The Member States have sufficient leeway to maintain or flexibly shape the domestic map of consumer enforcement system within the European Union, thus reflecting the sociocultural conditions of the Member State concerned. In this study I focus on the consumer redress mechanisms in wider and narrow sense in the Hungarian legal system, highlighting the unique or special solutions.

Keywords

  • consumer redress
  • alternative dispute resolution
  • consumer protection
  • collective redress
Open Access

Asymmetric Position of Consumer and Burden of Proof in Hungarian Civil Procedure

Published Online: 23 Sep 2022
Page range: 100 - 107

Abstract

Summary

Author of this contribution analyses the rules of the Hungarian Code of Civil Procedure and relevant case law in aim to find out if there is a special rule on taking evidence in consumer disputes. He concludes that there is no such special rule but some general rules of Code of Civil Procedure and provisions of Civil Code containing special rules on the burden of proof in some consumer cases help consumers to assert their rights in court proceedings..

Keywords

  • consumer
  • civil litigation
  • taking evidence
  • burden of proof
  • inability to prove facts
  • Hungarian Code of Civil Procedure
Open Access

Resolution of Cases for Consumer Protection under Civil Procedure in Poland. Selected Issues

Published Online: 23 Sep 2022
Page range: 108 - 119

Abstract

Summary

The article addresses selected issues related to the resolution of cases for consumer protection under civil procedure in Poland. Although consumer law is mainly the domain of substantive civil law, in civil procedural law there are also normative solutions concerning this issue and they will be discussed in the article. The author will present new legal instruments aimed at increasing the effectiveness of consumer protection in civil proceedings, as well as the proposed changes that should be under debate.

Keywords

  • consumer protection
  • cases concerning the protection of consumer rights
  • court
  • civil proceedings
Open Access

Consumer Dispute Resolution in Austria

Published Online: 23 Sep 2022
Page range: 120 - 133

Abstract

Summary

The author of this contribution deals with specifics of consumer disputes in Austrian civil procedure law. He analyses special provisions that address consumers in dispute resolution and general procedural rules that do not specifically apply to consumers but have their major impact on consumers. He gives an overview on the caselaw of the Austrian Supreme Court in which the Court has introduced several ways to protect the interests of consumers.

Keywords

  • consumer
  • civil procedure
  • Austrian Code of Civil Procedure
  • arbitration agreement
  • choice of law
  • agreements on jurisdiction matters
  • class action
  • revision to the Austrian Supreme Court
  • case law
  • evidence
Open Access

Autonomous Interpretation by the European Court of Human Rights and Margin of Appreciation

Published Online: 23 Sep 2022
Page range: 135 - 148

Abstract

Summary

The article is devoted to the problem of interpretation and application in practice of the European human rights standards through autonomous interpretation, as well as to the definition of the role and significance of the doctrine of margin of appreciation in this process. The relevance of the subject matter of research is due to the need to implement effective mechanisms for ensuring and protecting key human rights and freedoms in Ukraine, the establishment of the European principles of law and the European identity. The purpose of the study is a comprehensive analysis of the formation and evolution of the doctrine of autonomous interpretation in the jurisprudence of the European Court of Human Rights by studying and synthesizing judicial practice on the application of autonomous interpretation and elaboration on this basis of a system of autonomous concepts that reflect the common European vision of fundamental human rights and are also a kind of foundation of the European human rights law. The methodological basis of the paper are philosophical, general scientific and special research methods, in particular, dialectical, historical, logical, systemic, sociological, and comparative methods. The study concludes that it is through autonomous interpretation based on the European consensus that the European Court of Human Rights establishes imperative standards for the interpretation and application of human rights in practice, which prevents certain violations by particular member states of the Council of Europe, as well as supports the convergence and harmonization of different national legal systems, which contributes to the formation of the most homogeneous legal environment and the European system of human rights protection. The practical feasibility of the study is aimed primarily at applying autonomous concepts in practice, prima facie, by the judiciary.

Keywords

  • principle of subsidiarity
  • margin of appreciation
  • autonomous interpretation
  • autonomous concepts
  • European consensus
  • European human rights standards
Open Access

Draft Legally Binding Instrument on Business and Human Rights – Is UN Stepping Twice into the Same River?

Published Online: 23 Sep 2022
Page range: 149 - 164

Abstract

Summary

Discussions of preventing and addressing adverse impact of business activities on human rights have occupied international community at least for the last fifty years. This article discusses successes and failures of past attempts, a state of play of negotiating legally binding instrument and alternative approaches to the current path. It suggests that the way forward for a successful treaty on business and human rights is maintaining key objectives of the draft, namely access to remedy and justice for victims of corporate abuses, balanced with cross regional support among States. Alternative approaches may be worth exploring if they would promise of delivering this balance. In this context, a new group of friends may contribute to changing of dynamics of discussions and mindsets of key players.

Keywords

  • international treaty
  • business and human rights
  • access to remedy and justice
Open Access

Post-Brexit European Map: the New Continental Status Quo and Institutional Decision-Making

Published Online: 23 Sep 2022
Page range: 165 - 177

Abstract

Summary

Brexit became part of the European public consciousness following the 2016 referendum. We are only just starting to realize the actual effects and consequences of the UK’s withdrawal in multiple issues. The article analyzes the new, post-Brexit continental status quo and the changing trends in institutional decision-making. The position and dominance of the Member States are reflected in their role in the EU institutions. The weight of the Member States in decision-making also has a significant impact on the development of individual common policies. Brexit has strengthened the dominance of Germany and France. However, it also affected the position of Central and Eastern European states. Poland has become one of the “big Member States” that could make the combined dominance of the Visegrád states (Poland, Czech Republic, Hungary, and Slovakia) more relevant in forming the future of the EU..

Keywords

  • Brexit
  • post-Brexit EU
  • EU institutions
  • decision-making
  • shift of institutional balances
  • blocking minority voting
  • continental status quo
11 Articles
Open Access

Procedural specifics of resolving consumer disputes in individual civil court proceedings in the Czech Republic

Published Online: 23 Sep 2022
Page range: 8 - 31

Abstract

Summary

The regulation of consumer protection in procedural law is largely up to the individual Member States of the European Union, which have procedural autonomy in these matters. In the area of individual judicial protection, there are two possible approaches to consumer protection. The first of these is not to introduce any regulation of procedural rules, as the general legal regulation of civil court proceedings seems to be fully sufficient to meet the above requirements. The other approach is to introduce special procedural rules for consumer protection. The Czech procedural regulation is based more on the first approach. The aim of this article is to evaluate whether the regulation set in this way provides the consumer with sufficient protection and meets the requirements of the right to judicial protection and a fair trial.

Keywords

  • civil procedure
  • consumer disputes individual civil court proceedings
Open Access

Collective Actions for the Protection of Consumers in the Czech Republic

Published Online: 23 Sep 2022
Page range: 32 - 42

Abstract

Summary

The paper at hand deals with collective procedural mechanism in the Czech Republic. Class action is nowadays considered one of the main procedural tools to protect consumers. Collective procedure in business-to-consumer disputes is thus on its rise in Europe. Yet, the Czech Republic belongs to few EU Member States where consumers still cannot rely on comprehensive regulation of collective action. The paper firstly provides for a brief introduction of existing possibilities that are governed by the Czech procedural law such as right of a consumer organisation to file for representative action on injunction relief or judge’s discretion to use the consolidation of civil proceedings. Further, the article focuses on the question, whether it would be useful if the Czech consumers (or qualified entities on their behalf) could file for collective action on redress measure. The paper subsequently presents the main principles of the unsuccessful Proposal for Collective Proceedings Act, which was submitted by the former Government. Finally, the article elaborates on possible development in this matter, given a duty of the Czech legislator to implement Directive on representative actions.

Keywords

  • class action
  • collective action
  • collective redress
  • consumer protection
  • representative action
  • collective proceedings
Open Access

Procedural Specifics of Consumer Dispute Resolutions in Slovakia

Published Online: 23 Sep 2022
Page range: 43 - 72

Abstract

Summary

The substantive provisions protecting the consumer in contractual relations belong to the reality of European and Slovak national law, which no one dares to doubt anymore. These norms are of such importance that they have fundamentally influenced the nature of civil law in general. In order for civil procedure to fulfil its basic function in this area, that is, to protect and enforce substantive law and to be a means of protecting subjective rights and legally protected interests, it must ‘keep up’ with the development of substantive law. Procedural law ensures the fullfilment of consumer rights as well. This article crearly describes the procedural specifics of consumer dispute resolutions in Slovakia. It brings the overview of the system of procedural protection as o whole but also focuses deeper on specifics of consumer disputes in standard civil procedure before general courts. The article also briefly describes the system of alternative dispute resolution for consumer disputes and system of consumer procedural protection in administrative and criminal proceedings.

Keywords

  • civil procedure
  • consumer dispute resolution
  • procedural specifics
  • alternative dispute resolution
Open Access

Consumer Enforcement Opportunities – New Approaches and Trends in Hungarian Procedural Laws

Published Online: 23 Sep 2022
Page range: 73 - 86

Abstract

Summary

The European Union has put in place EU rules on consumer contracts and enforcement of consumer rights. These tendencies have also had a significant impact on the Hungarian legislation of recent years. We would describe some provisions of the new Hungarian Code of Civil Procedure concerning consumer enforcement and the Hungarian experience of Directive 93/13/EEC so far. The new Hungarian Code of Civil Procedure has reformed domestic rules on jurisdiction in the field of a consumer’s claim arising from a contractual relationship. The article also covers the following areas of law: Hungarian experience with foreign currency-based loan agreements, reforms to the preliminary ruling procedure in the new Hungarian Code of Civil Procedure.

Keywords

  • the new Hungarian Code of Civil Procedure
  • consumer protection
  • jurisdiction
  • preliminary ruling procedure
  • consumer loan agreements
  • ex officio
Open Access

Rules of Consumer Redress in Hungary, in Particular Regarding the Domestic Model of Alternative Dispute Resolution

Published Online: 23 Sep 2022
Page range: 87 - 99

Abstract

Summary

The Member States have sufficient leeway to maintain or flexibly shape the domestic map of consumer enforcement system within the European Union, thus reflecting the sociocultural conditions of the Member State concerned. In this study I focus on the consumer redress mechanisms in wider and narrow sense in the Hungarian legal system, highlighting the unique or special solutions.

Keywords

  • consumer redress
  • alternative dispute resolution
  • consumer protection
  • collective redress
Open Access

Asymmetric Position of Consumer and Burden of Proof in Hungarian Civil Procedure

Published Online: 23 Sep 2022
Page range: 100 - 107

Abstract

Summary

Author of this contribution analyses the rules of the Hungarian Code of Civil Procedure and relevant case law in aim to find out if there is a special rule on taking evidence in consumer disputes. He concludes that there is no such special rule but some general rules of Code of Civil Procedure and provisions of Civil Code containing special rules on the burden of proof in some consumer cases help consumers to assert their rights in court proceedings..

Keywords

  • consumer
  • civil litigation
  • taking evidence
  • burden of proof
  • inability to prove facts
  • Hungarian Code of Civil Procedure
Open Access

Resolution of Cases for Consumer Protection under Civil Procedure in Poland. Selected Issues

Published Online: 23 Sep 2022
Page range: 108 - 119

Abstract

Summary

The article addresses selected issues related to the resolution of cases for consumer protection under civil procedure in Poland. Although consumer law is mainly the domain of substantive civil law, in civil procedural law there are also normative solutions concerning this issue and they will be discussed in the article. The author will present new legal instruments aimed at increasing the effectiveness of consumer protection in civil proceedings, as well as the proposed changes that should be under debate.

Keywords

  • consumer protection
  • cases concerning the protection of consumer rights
  • court
  • civil proceedings
Open Access

Consumer Dispute Resolution in Austria

Published Online: 23 Sep 2022
Page range: 120 - 133

Abstract

Summary

The author of this contribution deals with specifics of consumer disputes in Austrian civil procedure law. He analyses special provisions that address consumers in dispute resolution and general procedural rules that do not specifically apply to consumers but have their major impact on consumers. He gives an overview on the caselaw of the Austrian Supreme Court in which the Court has introduced several ways to protect the interests of consumers.

Keywords

  • consumer
  • civil procedure
  • Austrian Code of Civil Procedure
  • arbitration agreement
  • choice of law
  • agreements on jurisdiction matters
  • class action
  • revision to the Austrian Supreme Court
  • case law
  • evidence
Open Access

Autonomous Interpretation by the European Court of Human Rights and Margin of Appreciation

Published Online: 23 Sep 2022
Page range: 135 - 148

Abstract

Summary

The article is devoted to the problem of interpretation and application in practice of the European human rights standards through autonomous interpretation, as well as to the definition of the role and significance of the doctrine of margin of appreciation in this process. The relevance of the subject matter of research is due to the need to implement effective mechanisms for ensuring and protecting key human rights and freedoms in Ukraine, the establishment of the European principles of law and the European identity. The purpose of the study is a comprehensive analysis of the formation and evolution of the doctrine of autonomous interpretation in the jurisprudence of the European Court of Human Rights by studying and synthesizing judicial practice on the application of autonomous interpretation and elaboration on this basis of a system of autonomous concepts that reflect the common European vision of fundamental human rights and are also a kind of foundation of the European human rights law. The methodological basis of the paper are philosophical, general scientific and special research methods, in particular, dialectical, historical, logical, systemic, sociological, and comparative methods. The study concludes that it is through autonomous interpretation based on the European consensus that the European Court of Human Rights establishes imperative standards for the interpretation and application of human rights in practice, which prevents certain violations by particular member states of the Council of Europe, as well as supports the convergence and harmonization of different national legal systems, which contributes to the formation of the most homogeneous legal environment and the European system of human rights protection. The practical feasibility of the study is aimed primarily at applying autonomous concepts in practice, prima facie, by the judiciary.

Keywords

  • principle of subsidiarity
  • margin of appreciation
  • autonomous interpretation
  • autonomous concepts
  • European consensus
  • European human rights standards
Open Access

Draft Legally Binding Instrument on Business and Human Rights – Is UN Stepping Twice into the Same River?

Published Online: 23 Sep 2022
Page range: 149 - 164

Abstract

Summary

Discussions of preventing and addressing adverse impact of business activities on human rights have occupied international community at least for the last fifty years. This article discusses successes and failures of past attempts, a state of play of negotiating legally binding instrument and alternative approaches to the current path. It suggests that the way forward for a successful treaty on business and human rights is maintaining key objectives of the draft, namely access to remedy and justice for victims of corporate abuses, balanced with cross regional support among States. Alternative approaches may be worth exploring if they would promise of delivering this balance. In this context, a new group of friends may contribute to changing of dynamics of discussions and mindsets of key players.

Keywords

  • international treaty
  • business and human rights
  • access to remedy and justice
Open Access

Post-Brexit European Map: the New Continental Status Quo and Institutional Decision-Making

Published Online: 23 Sep 2022
Page range: 165 - 177

Abstract

Summary

Brexit became part of the European public consciousness following the 2016 referendum. We are only just starting to realize the actual effects and consequences of the UK’s withdrawal in multiple issues. The article analyzes the new, post-Brexit continental status quo and the changing trends in institutional decision-making. The position and dominance of the Member States are reflected in their role in the EU institutions. The weight of the Member States in decision-making also has a significant impact on the development of individual common policies. Brexit has strengthened the dominance of Germany and France. However, it also affected the position of Central and Eastern European states. Poland has become one of the “big Member States” that could make the combined dominance of the Visegrád states (Poland, Czech Republic, Hungary, and Slovakia) more relevant in forming the future of the EU..

Keywords

  • Brexit
  • post-Brexit EU
  • EU institutions
  • decision-making
  • shift of institutional balances
  • blocking minority voting
  • continental status quo

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