| CODE | ECL5120 | ||||||
| TITLE | EU and Comparative Consumer Law | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 10 | ||||||
| DEPARTMENT | European and Comparative Law | ||||||
| DESCRIPTION | This study-unit examines the basic issues underlying the European Union鈥檚 Consumer Policy, particularly its legal basis pre and post Maastricht, Amsterdam, and the Treaty on the Functioning of the European Union when Consumer Policy achieved an independent EU policy status, together with its integration into other European Union policies. The study-unit then focuses on particular aspects of consumer protection emanating from EU subsidiary legislation, including general product safety, package travel and linked travel arrangements, unfair business-to-consumer commercial practices in the internal market, misleading and comparative advertising, consumer rights, rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and consumer redress/enforcement. Much of the discussion is based on primary EU law, subsidiary EU legislation, EU case law, other EU legal instruments. Study-Unit Aims: This study-unit aims to help students learn about the evolution of EU consumer law and policy, to analyse critically consumer legislation and to identify the pertinent themes in consumer law. It seeks to familiarise the students with the primary and secondary EU legislation on consumer law and the relative jurisprudence. Furthermore, this unit aims to expose students to the legislative backdrop for the application or implementation of EU consumer law. The ultimate scope is to equip students to give professional advice and to litigate in front of the Consumer Affairs Tribunal and the Courts of Justice on matters pertaining to consumer redress, while also undertaking further advanced academic work, as well as to move into related spheres of work, including governmental or regulatory bodies. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (i) to gain a comprehensive understanding of the main consumer protection legislation and policies adopted by the European Union; (ii) to analyse the extent to which these measures serve to adequately achieve consumer protection and ways through which consumer policy can be improved; iii) Interpret the implications of EU regulations and policies on Member States鈥� laws and policies. 2. Skills: By the end of the study-unit the student will be able to: - Provide professional legal advice on consumer affairs issues; - Represent consumers who want to seek redress in front of the Consumer Affairs Tribunal and the Maltese Courts of Justice on matters pertaining to consumer affairs. Main Text/s and any supplementary readings: Main Texts: - Hans-W Micklitz (Anthology Editor), (2021) The Making of Consumer Law and Policy in Europe, Hart Publishing. - Howells & Wilhelmsson, (1997) EC Consumer Law, Dartmouth/Ashgate, eBook Published on 27 April 2017. - Howells Geraint & Stephen Weatherill, Consumer Protection Law, Second Edition, London: Routledge 2017. - Micklitz, Reich & Rott, (2014) Understanding EU Consumer Law, Hart Publishing. - Micklitz Hans W. (Ed.), The making of consumer law and policy in Europe, Oxford, Hart Publishing, 2021. - Ramsey I., (2012) Consumer Law and Policy: Text and Materials on Regulating Consumer Markets, Hart Publishing. - Weatherill S., (2014) EU Consumer Law and Policy, Elgar European Law, 2013. EU Law 鈥� Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety. 鈥� Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. 鈥� Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC. 鈥� Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. 鈥� Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. 鈥� Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims. 鈥� Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising. 鈥� Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 鈥� Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91. 鈥� Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council. |
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| STUDY-UNIT TYPE | Lecture | ||||||
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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