Author
Abstract
La codificazione del diritto dei consumatori. Aspetti di diritto comparato - The constitutional dimension of consumer rights obtained definitive consecration with the approval of the Nice Charter in December 2000, made autonomous from the Constitution, in the form of the European Charter of Fundamental Rights and used not only as a political document, but also as a legal document, and with the approval of the European Constitution in October 2004, the latter subject to the ratification of all Member Countries. Among the aims of the Union, the European Charter of Fundamental Rights sets human dignity as the basic value (art.I-2) and states that the sustainable development of Europe is based on "balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress"(art.I-3). The Charter recognizes and guarantees the right of individuals to physical and mental integrity (art.II-63), reaffirmed in the form of health protection (art.II-95), respect for family life (art.II-67) and protection of personal data (art.II-68) and specifically provides "a high level of protection" for consumers (art.II-98). Consequentially, a distinction should be made between consumer claims which adhere to fundamental rights, recognized in the constitutions of the member countries, and emphasised in the European Charter, and the so-called "economic rights", which are placed on the same level of those rights referring to the "professional". The elevation of individual rights - as a "consumer" - to European constitutional level has a dual value: it binds the Community institutions and the Member States, but it also binds national courts. In this way, the Drittwirkung of the recognized and guaranteed principles may take place directly - and not only as a consequence - in the relations between individuals.
Suggested Citation
Guido Alpa, 2009.
"La codificazione del diritto dei consumatori. Aspetti di diritto comparato,"
ECONOMIA E DIRITTO DEL TERZIARIO, FrancoAngeli Editore, vol. 21(1), pages 69-83.
Handle:
RePEc:fan:ededed:v:html10.3280/ed2009-001003
Download full text from publisher
As the access to this document is restricted, you may want to search for a different version of it.
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:fan:ededed:v:html10.3280/ed2009-001003. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Stefania Rosato (email available below). General contact details of provider: http://www.francoangeli.it/riviste/sommario.aspx?IDRivista=202 .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.