A Modernization for European Consumer Law? Co-regulation, private enforcement and networks

Having in mind the experience of European Competition Law, this paper discusses whether a wind of modernization is blowing over European Consumer Law. By adopting a unitary perspective to include enforcement law, the aim of this contribution is to discuss the role played by private actors in consumer protection. In particular, the paper focuses on the cases of co-regulation and private enforcement and, specifically, examines two examples: the representation of the consumers’ interests before European standardization organizations and the emergence of judicial group action procedures in the Member States. It also includes a paragraph about the use of networks to enforce consumers’ rights (precisely: the “CPC Network”). The paper points out that the market orientation of European Consumer Law poses new challenges such as advancing the consumers’ interests in co-regulation and, particularly, before European standardization bodies, and developing the collective private enforcement of consumers’ rights.