Acceso usuarios
Ermelinda Hepaj
The necessity of providing alternative forms of justice alongside ordinary courts has long been recognized as a key aspect of consumer protection policies within the European context, particularly in addressing the needs of the s.c. ‘weaker party’ in contractual relationships. Over time, the evolution of European legislation, coupled with the prolife-ration of alternative dispute resolution (ADR) systems, has prompted the involvement of supranational legislative bodies to standardize and harmonize national ADR regulations.This paper begins by analyzing the gap between the theoretical framework and its practical application, emphasizing the need for a comparative analysis of the level of protection offe-red by national regulations and the minimum protection standards guaranteed by other EU Member States. From this comparative analysis, a supranational code for consumer ADR may emerge.In particular, the author tries to explore a central research question: Is there a need for a unified European code for consumer ADR? To answer this, it is essential to examine the scope and effectiveness of such tools, the procedural rules in place, and, crucially, whether the ‘right to an effective remedy’ under EU law has been adequately respected. To provide a comprehensive and nuanced perspective on the matter, special attention will be given to the potential creation of a European unified code, with a focus on enhancing the effectiveness of consumer protection. In this regard, the paper will also consider the Italian perspective, where the government has proposed the establishment of a unified legal framework for ADR mechanisms, known as the TUSC (Testo Unico dei Sistemi di Conciliazione). Despite being explicitly outlined in Article 1, paragraph 4, letter b, of Law Delegation No. 206/2021, this proposal has yet to be implemented.
