Non-legislative means of consumer protection

Abstract

Legislation is not the only instrument to be considered when consumer policy is to be put into effect: in all EC countries there exist non-legislative means which deal with questions of interest to consumers. With most European governments lacking a political will to implement effective consumer protection measures, particular attention is paid to "codes" as an alternative for legislation. The report examines the advantages and disadvantages of such an approach. Having reviewed various national experiences, the ECLG concludes that codes are, in most cases, unsuccessful in promoting the consumer interest. The main problems revolve around the negotiation and implementation of codes, especially in respect of outsiders. The ECLG hence recommends that codes should only be considered where there is no prospect of legislation, and where they meet specific requirements as to negotiation, application to outsiders, monitoring, sanctions of breaches. The ECLG further expresses its concern about the EC Commission's approach of "voluntary agreements" at EC level, especially since it cannot be seen how the above mentioned requirements could be met. © 1983 D. Reidel Publishing Company.