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If
European consumer rights are
to have practical effects,
they must be appropriately
enforced. Effective
enforcement of European
Consumer legislation
means:
First,
the correct transposition by
Member States of European
Consumer Legislation into
their national legal
systems.
Second,
that, once transposed, the
legislation is enforced in an
effective, efficient and
consistent manner by the
competent authorities in each
Member State.
Effective
enforcement across the EU
and globally calls for
closer co-operation and
co-ordination between
national enforcers. The
establishment of the
International Marketing
Supervision Network (IMSN)
brings together enforcement
practitioners from OECD
countries. In response to
the particular needs of EU
enforcers a sub-group of
the IMSN has been set up.
In the area of consumer
product safety PROSAFE, an
informal network of product
safety practitioners,
promotes co-ordination of
enforcement activities and
exchange of information,
expertise and best
practices.
Enforcement
of consumer protection laws
is often dealt with through
a mixture of private and
public laws. Private law
enforcement is primarily
left to private actors
(e.g. individual consumers
or business) through
mechanisms of private law
(e.g. the courts or
alternative dispute
resolution). More details
can be found in the subject
area; 'Access to Justice'.
However, public authorities
are generally responsible
for the enforcement of
public law through
mechanisms such as
investigative powers,
injunctions and fines etc.
Clearly at European Level
the issue of enforcement
becomes even more complex
when the cross border
element of consumer and
business relationships is
factored in with different
systems of national
enforcement.
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