Εναλλακτικοί Τρόποι Επίλυσης Καταναλωτικών Διαφορών στην Ε.Ε

Abstract

The strengthening and development of alternative dispute resolution plays a strategic part in the EU’s priorities; the EU has taken a series of initiatives to boost and institutionalize alternative dispute resolution, in particular with regard to extrajudicial forms of consumer disputes resolution. In addition, the right of redress is regarded as one of the fundamental consumer rights, which is granted with a particular international and European recognition. Towards the efforts taken to strengthen such right, the functioning of extrajudicial mechanisms of consumer dispute resolution constitutes one of the key parameters of the consumer protection policy. The strengthening of consumers’ trust through effective and impartial institutions and systems is on the one hand, a vital factor for the EU and the stimulation, in particular, of e-commerce, competition and economic growth, as well as for the sustainability of competitiveness in high levels internationally, while on the other hand, constitutes part of the EU strategy for the digital single market. Starting with an analysis of the regulatory framework, at the EU level, in relation to alternative dispute resolution of consumer disputes, as well as with a presentation of the prevailing –at an institutional level- conditions for the consumer protection from a European and domestic perspective, it has been attempted a systematic legal and administrative approach of the existing structures and procedures for the extrajudicial resolution of consumer disputes; in this regard, a comparative approach was taken, through reference to EU member-states, international best practices and a case study of touristic consumer disputes. Through the comparative study of the current institutional, regulatory and administrative framework, as well as the recommendation of proposals for improvement, it has been highlighted the modern role of Public Administration and in specific, the regulatory function of the State. In the context of the pursuit of the ideal Public State’s administrative reconstruction model, it has been proved that the field of alternative dispute resolution constitutes a positive example of a constructive interference of the State in the private sector, towards safeguarding sustainable development conditions.