Vartotojų teisių apsauga Europos Bendrijos pagrindinių laisvių sistemoje

Abstract

The main goal of this master thesis is to make particular analysis of the criteria of to what extent does the market serve the consumer and to which regulation at Community level is needed harmonization for reasons other then ironing out differences between national legal systems. It is important to ensure the consumer protection at the main freedom system of European Community. For the internal market to yield its benefits to consumers, they must be able to have easy access to goods and services promoted, offered and sold across the borders. It is the cross – border movement of goods, services and capital that allows consumers to search out bargains and innovative products and services and thus ensures that they optimize their consumption decisions. Consumer protection in the internal market is faced with a fragmented set of regulations and a fragmented system of enforcement. Most of the legislative activity conducted by the EC which affects consumer has been pursued in the name of economic integration achieved by harmonizing national laws. Harmonization entails entails a transfer of regulatory competence from state to Community in the area subjected to the discipline of harmonization. Using comparative, analytical, systematic – logical, historical, methods were analyzed legislation of European Community, jurisprudence of European Community Court of Justice and other writing works of EU Consumer Law professors. This thesis discusses the constitutional recognition of the consumer policy was achieved through the Institutional Treaties which expressly noted the development of consumer protection as one of the aims of Community and of creating a common internal market and striving at some protective goals as well. Also analyze the subsidiarity’s impact and unavoidable feature of the debate about the pattern of EC consumer rights protection, as it is in other areas of EC regulatory competence.