Consumer Credit In European Union

Modalities of consumer's protection at consumer's lending in European Union Member States are provided with a special directive of the European Parliament and the Council (Directive 2008/48/EZ of the consumer credit agreements). Although this area has been regulated in European Union by the directives since 1987 (Directive 87/102/EEC), for the economic crisis it was increasingly coming to the fore that the consumer, as a weaker agreement party, was not protected enough. The directive 2008/48/EC on consumer credit is based on the principle of maximum harmonization and regulates the minimum legislative framework for each of the member states. Republic of Croatia has become a member of the European Union. As the youngest of the Member States, Republic of Croatia was obliged to adjust its national legislation concerning the protection of consumers when signing a credit agreement with acquis communautaire, following is the Republic of Serbia on its European path, therefore Directive 2008/48/EZ about consumer purchase credit is being analyzed in this paper, as well as Serbian and Croatian legal regulations in this field.

Evidence taken before Sub-committee G (Social and Consumer Affairs).

This book provides a comprehensive outlook on the state and role of consumer credits in the European economy and households. It underlines the role of consumerism and digitalisation, in the framework of legislation. It covers two major turns in consumer credit evolution: the 2008 crisis and Covid pandemic. The first had socio-economic sources, the second one was an external event, but provoked important changes in consumer behaviour. Lockdowns deepened the preference for digital financial products. FinTech and BigData operators acquired broader opportunities with the development of distance services. These new financial services need adapted legislation. The recently published project of Consumer Credits Directive covers new means of communication, such as smartphones, and extends rules to new ways of crediting, like crowdfunding. Consumer credit availability changed the behaviour of households. The propensity of poorer households to save faded due to the ease of getting credit. However, financial insecurity during the Coronavirus pandemic made households limit credits and build precautionary savings.

This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.

Exploring the relationship between fundamental rights and consumer law in the EU, this book provides the first comprehensive analysis of the joint implications of the Lisbon Treaty and the Charter of Fundamental Rights. It examines the potential tensions that may emerge between consumer protection objectives and economic, market-oriented goals.

Produced under the auspices of an EU-funded Marie Curie research programme, this volume analyses vulnerability in European private law and scrutinises consumer protection in credit and investments in the context of the recent turmoil in financial markets and EU harmonisation initiatives in the area. It explores key issues such as responsible lending, the disclosure of information, consumer confidence, the regulation of consumer investment services and the protection of bank depositors. The chapters emanate from the 'Consumer Protection in Europe: Theory and Practice' duo colloquium which explored consumer protection in Europe in its theoretical and practical dimensions. These topics are even more relevant today given the passage of the Consumer Rights Directive, the appointment of an Expert Group on a common frame of reference, the Green Paper on European Contract Law and the ongoing deliberations surrounding the Common European Sales Law.

This book examines the legal framework and compliance in the EC of consumer credit reporting and credit information sharing arrangements. It also looks at the issue of human rights, and the extent to which the right to privacy of consumers should be balanced against the aims of consumer credit reporting.

The legitimacy or illegitimacy of information exchanges between competitors remains a topical debate with regard to EU competition law and policy. This book reexamines the issue in the retail financial services sector, focusing on the peculiar problems that it poses for EU market integration, consumer policy and protection and the intersection with fundamental rights. It analyzes and reflects on the relevant case law and guidelines offered by the corresponding European authorities, providing a critique of the current approach and advancing the proposition that information markets themselves need attention, in addition to the markets that they serve. The book also advances new perspectives on cases in which consumers’ personal information is involved in the exchange, recognizing the inevitable interaction between EU competition law, the interests and protection of consumers and personal data protection. It suggests that the status quo under competition law is unsatisfactorily short sighted and that the EU should take a holistic approach (including information markets) to the analysis of competition law, reflecting consumer protection and fundamental rights aspects in the assessment.