Consumer identities in European private law

Consumer identities in European private law

This subproject considers how the differentiation in consumer identities has been embedded in European private law. The analysis includes both harmonised EU consumer rules and selected national laws. Have consumer identities been differently reflected in different legal frameworks? Does the law affect identities and vice versa, and what can we learn from these dynamics for future regulation?

The research seeks to provide a building block, alongside the three PhD-projects, for the development of a new conception of 'the consumer' in European private law. The project focuses on contract and tort as the main areas of harmonisation of EU consumer law. The identity of the 'average consumer', which EU law constructs for its legal subjects, is confronted with the manifestations of consumer identities in German and Polish law. What lessons can be drawn from national laws and scholarship? For example, could a new framework of consumer protection pay more attention to the identities that consumers already have, and how they are linked to vulnerability, on the one hand, and sustainable consumption, on the other? Or could the study of domestic laws offer a cautionary tale?

Duration 2023-2025
Researcher Agnieszka Jabłonowska