Project summary:
This evaluation study was conducted by Civic Consulting in cooperation with KU Leuven CCM in the framework of the Fitness Check of EU consumer and marketing law. It assesses the effectiveness, efficiency, coherence, relevance and EU added value of five EU consumer and marketing law directives – the UCPD, PID, MCAD, UCTD, and ID. A range of methodological tools were employed, including legal analyses in all Member States, a broad interview process at EU and MS level, an open consultation, a survey of qualified entities, and a comprehensive analysis of costs and benefits of the legislation covered. The study concludes that the assessed legislative framework is considered to be broadly fit for purpose. During the last decade, in spite of the financial crisis, consumer trust has increased across the EU, corresponding to the significant benefits in terms of improved levels of consumer protection that the directives have brought for many Member States. All directives subject to this study are also considered to have contributed to removing obstacles to the Internal Market. In light of technological innovations in the online environment, and the increase of EU cross-border B2C trade, the relevance and the added value of EU action in the area of consumer protection has even become more pronounced. Certain problems were also identified regarding effectiveness, coherence and, consequently regarding efficiency, in terms of overlaps and inconsistencies between rules. Specific recommendations focus on improvements of the EU legislative framework regarding unfair commercial practices and marketing, contract conclusion and performance, and injunctions.
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