ABSTRACT
The effectiveness of the protection of EU consumer rights, through the access to justice, is mostly based in the application and resolution of EU member States jurisdictions. Nevertheless, the effectiveness has been largely guaranteed by CJEU case law. The access to justice, in the EU jurisdiction centralized level for legal and natural persons, including associations, is generally limited, to direct judicial mechanisms related to EU legislation and the prejudicial questions to the CJEU raised by EU member countries courts and judges to clarify the interpretation or validity of EU law. However, it is also possible to use infringement proceeding mechanisms against the State. The paper of consumers is a secondary instrument, limited to the presentation of a complaint, the European Commission develops the protagonist role holding discretionary power on the initiation and management of the proceeding, including both the administrative and judicial phases. Here, I defend the potential to foster consumer participation in the infringement proceedings.
Sarrión, Joaquín, The Access to Justice of Consumers in the Current European Union Legal System: Challenges and Perspectives (September 1, 2023), in European Journal of Consumer Law – Revue Européenne de Droit de la Consummation, REDC, 2023/3, 2023, 599-606.
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