ConsumerID

Research

The transformation of the consumer

The transformation of the consumer

This project seeks to bring together the findings on the consumer concepts and regulatory solutions developed in the sub-projects. Should European consumer laws be reconstructed along contextualised lines, taking account of socio-economic and societal aspects affecting ‘the consumer’ beyond market regulation? If so, how? Which limitations to this approach should be taken into account in the multi-level regulatory framework of the EU?

The research question is normative in nature and asks an overarching and fundamental question for lawmaking in European consumer law: considering that consumer laws are created at the EU level, the national level and through other sources (e.g. private regulation, standardisation) is it desirable to replace the one-size-fits-all approach to consumers with a contextualised approach? The project aims to answer that question by examining the consequences for lawmaking that a turn towards a contextualised consumer in European consumer law concept will have, building on legal pluralist theories (Micklitz 2018Mak 2020). The legal pluralist model has gained acceptance in recent years, a process coinciding with a slow-down in top-down harmonisation by the EU legislator. The Digital Services Act (DSA) package does not seem to change this outlook. Although the DSA can again give a boost to regulation at the EU level, in it relies heavily on voluntary monitoring by platform operators. Only very large online platforms (‘gatekeepers’, Art. 3 Digital Markets Act) are subject to stricter regulation, focusing on controlling the market power that they gain through data aggregation. Given this legal framework, the project will examine how a contextualised approach to consumer protection can be introduced in European consumer laws.

Duration 2023-2027
Researcher Vanessa Mak