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Consumer Access to Justice: The Role of the ADR Directive and the Member States

Fejos, A and Willett, C (2016) 'Consumer Access to Justice: The Role of the ADR Directive and the Member States.' European Review of Private Law, 24 (1). 33 - 60. ISSN 0928-9801

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Abstract

This article takes it to be vital to decide whether the Alternative Dispute Resolution (ADR) Directive provides a version of access to justice that is suitably sensitive to the consumer market. The Directive is deficient in this regard, at least to the extent that it does not make ADR processes mandatory or binding for businesses. Nevertheless, if Member States choose mandatory and binding processes, this may be compatible with the fundamental right to judicial protection, if emphasis is placed on efficiency benefits. If they choose voluntary processes/non-binding decisions, success will depend partly on incentives, sanctions, and monitoring at EU and Member State levels.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 06 Jul 2016 11:42
Last Modified: 28 Sep 2018 09:15
URI: http://repository.essex.ac.uk/id/eprint/17197

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