Understanding National Preferences in EU Consumer Policy: A Regime Approach

Abstract

EU consumer policy is a policy area that is receiving increased attention and is considered important for the proper functioning of the internal market. Yet, as with many other supranational policy areas, conflicting positions of the Member States have led to many compromises and rejections of EU-initiated proposals. By building on regime theory and previous research identifying consumer policy regimes, the aim with this article is to investigate potential patterns in countries’ preferences in EU consumer policy. With this, the article seeks both to contribute to the theoretical understanding of factors influencing Member States’ positions to EU consumer policy and to the debate on how future EU consumer policies should be designed and put into power. Differences in country and regime preferences are analysed using data collected through an open public consultation as part of the European Commission’s Fitness Check of European consumer and marketing law in 2016 and through interviews with key stakeholders in 2018. The results show that there are substantial differences between the regimes and that the level of harmonization of consumer and marketing law seems to be the most contested issue. Furthermore, the article points to several potential reasons for these differences between countries and regimes and recommends that future studies should be undertaken to generate deeper knowledge about the effects of these explanatory factors.

The Importance of Consumer Authorities for the Production and Maintenance of Trust and Social Capital in Consumer Markets

“…European Union activities and legislation are strong drivers of improving consumer conditions at national levels (Nessel, 2019 ). The enforcement of consumer rights, however, is primarily left to national authorities, with support from consumer organizations (Austgulen, 2020 ). At the country level, there are two main organizational consumer policy models: state-funded institutions and volunteer organizations financed by membership fees and other sources.…”

A review of product safety regulations in the European Union

“…Depending on a study, three, four, or five different consumer protection regimes can be identified in Europe. According to one classification, there has been a Nordic negotiation model (industry associations and individual companies negotiate directly with consumer associations for common policy goals), a protection model with France as an example (consumer associations and the state have had a strong influence upon policy goals), and an information model with Austria and Germany as examples (industry associations and the state have had a dominant role) [1]. In addition, it is possible to identify further models by casting the focus on the British-influenced administrative tradition as well as the eastern and southern member states.…”

“…A partial explanation originates from the domain; it is difficult to legislate consumer goods and services due to the pace of innovation and technological progress. But another partial explanation stems from different cultures and historical trajectories; the power struggles between the organized interests of consumers and producers affected regulatory traditions differently in different member states [1]. A similar struggle between organized interests has affected consumer law at the EU level [56].…”

A Review of Product Safety Regulations in the European Union

“…tection regimes can be identified in Europe. According to one classification, there has been a Nordic negotiation model (industry associations and individual companies negotiate directly with consumer associations for common policy goals), a protection model with France as an example (consumer associations and the state have had a strong influence upon policy goals), and an information model with Austria and Germany as examples (industry associations and the state have had a dominant role) [1]. In addition, it is possible to identify further models by casting the focus on the British-influenced administrative tradition as well as the eastern and southern member states.…”

“…A partial explanation originates from the domain; it is difficult to legislate consumer goods and services due to the pace of innovation and technological progress. But another partial explanation stems from different cultures and historical trajectories; the power struggles between the organized interests of consumers and producers affected regulatory traditions differently in different member states [1]. A similar struggle between organized interests has affected consumer law at the EU-level [49].…”