The ODR platform has been fully operational since February 2016. Established by EU Regulation 524/2013 of 21 May 2013, it aims to provide consumers and traders with a simple, fast and low-cost tool for resolving out-of-court disputes arising from online purchases. On 13 December 2017, the European Commission published the first results on the functioning of this platform. The findings show that the ODR platform remains a work in progress and is still far from achieving its full potential.
{"title":"The Online Dispute Resolution Platform after One Year of Operation: A Work in Progress with Promising Potential","authors":"Emma van Gelder, A. Biard","doi":"10.2139/SSRN.3169254","DOIUrl":"https://doi.org/10.2139/SSRN.3169254","url":null,"abstract":"The ODR platform has been fully operational since February 2016. Established by EU Regulation 524/2013 of 21 May 2013, it aims to provide consumers and traders with a simple, fast and low-cost tool for resolving out-of-court disputes arising from online purchases. On 13 December 2017, the European Commission published the first results on the functioning of this platform. The findings show that the ODR platform remains a work in progress and is still far from achieving its full potential.","PeriodicalId":363868,"journal":{"name":"LSN: Other Enforcement of Consumer Laws (Sub-Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123953381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter analyses the current (consumer) ADR and ODR landscape in Belgium. In 2014, Belgium was one of the first Member States to implement the new 2013 Consumer ADR Directive. The Act of 4 April 2014 on the Out-of-Court Resolution of Consumer Disputes introduces new standards on internal complaints procedures and defines a series of quality requirements ADR entities have to meet. Most importantly, the Act of 4 April 2014 establishes a Consumer Mediation Service. This government body dispatches consumer or trader complaints to the competent ADR entities and acts as Belgium’s residual ADR entity.
{"title":"The Implementation of the Consumer ADR Directive in Belgium","authors":"Stefaan Voet","doi":"10.2139/SSRN.2755012","DOIUrl":"https://doi.org/10.2139/SSRN.2755012","url":null,"abstract":"This chapter analyses the current (consumer) ADR and ODR landscape in Belgium. In 2014, Belgium was one of the first Member States to implement the new 2013 Consumer ADR Directive. The Act of 4 April 2014 on the Out-of-Court Resolution of Consumer Disputes introduces new standards on internal complaints procedures and defines a series of quality requirements ADR entities have to meet. Most importantly, the Act of 4 April 2014 establishes a Consumer Mediation Service. This government body dispatches consumer or trader complaints to the competent ADR entities and acts as Belgium’s residual ADR entity.","PeriodicalId":363868,"journal":{"name":"LSN: Other Enforcement of Consumer Laws (Sub-Topic)","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126005249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mandatory restrictions in employment law, designed to promote the welfare of workers, are debated fiercely. Proponents argue that they protect workers. Opponents believe that they spawn inefficiency and harm workers. Yet all agree that their welfare implications depend on their degree of enforcement.This Article challenges the conviction that the welfare implications of such restrictions depend on enforcement. We show experimentally that unenforced restrictions cause workers' reservation wages to rise, i.e., workers charge higher wages when offered contracts that violate such restrictions. This observation is important to both proponents and opponents of such restrictions. We establish this claim experimentally by measuring the effects of unenforced restrictions on workers' reservation wages. Then we investigate several hypotheses as to why these effects are generated. Last, we point out that our findings have important implications in other contexts of contractual regulation, such as in the domain of consumer protection.
{"title":"On the Economic Effects of Unenforced Regulation in Employment Law","authors":"Alon Harel, Yuval Procaccia, Ilana Ritov","doi":"10.2139/ssrn.2542058","DOIUrl":"https://doi.org/10.2139/ssrn.2542058","url":null,"abstract":"Mandatory restrictions in employment law, designed to promote the welfare of workers, are debated fiercely. Proponents argue that they protect workers. Opponents believe that they spawn inefficiency and harm workers. Yet all agree that their welfare implications depend on their degree of enforcement.This Article challenges the conviction that the welfare implications of such restrictions depend on enforcement. We show experimentally that unenforced restrictions cause workers' reservation wages to rise, i.e., workers charge higher wages when offered contracts that violate such restrictions. This observation is important to both proponents and opponents of such restrictions. We establish this claim experimentally by measuring the effects of unenforced restrictions on workers' reservation wages. Then we investigate several hypotheses as to why these effects are generated. Last, we point out that our findings have important implications in other contexts of contractual regulation, such as in the domain of consumer protection.","PeriodicalId":363868,"journal":{"name":"LSN: Other Enforcement of Consumer Laws (Sub-Topic)","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129586107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2009-06-05DOI: 10.5040/9781472560506.ch-010
S. Kozuka, L. Nottage
This is the second paper in our trilogy focusing on persistent expansion in unsecured consumer lending in Japan, leading to increasing over-indebtedness and then major judicial and legislative responses particularly from 2006. The Japanese experience provides important lessons particularly in the wake of the Global Financial Crisis of 2008, as the world reassesses how and why financial markets develop and more appropriate goals and means in regulating them. The rise and partial fall of unsecured consumer lending in Japan seem to challenge two still widely-held views about the Japanese, and especially Japanese consumers: they do not like debt, and they do not like law. In fact, such views - especially about the alleged Japanese aversion to law - are only some among a set of influential and quite distinctive schools of thought that have come to dominate the English language world of Japanese law studies. Part II conducts a thought experiment of how some of these diverse schools of thought might explain not only the growth of consumer credit markets in Japan, in the light of legal and socio-economic institutions, but also the recent re-regulation. Specifically, Part II.A develops caricatures of two culturalist accounts (communitarianism and liberalism); Part II.B, three economic theories (Chicago School, information economics, and behavioural economics); and Part II.C, two more political explanations. Part III argues that the most convincing explanations for the rise of unsecured consumer lending derive mainly from revamped (not particularly 'Confucian') culturalist theory and newer (especially behavioural) economics. But the partial fall around 2006 illustrates the increasingly less 'patterned pluralism' - perhaps even populism - of contemporary Japanese politics. These conclusions should be helpful not only in describing other contemporary developments in Japanese law and its political economy, but also when comparing other countries in fields raising similar issues. (A shorter version of this paper was subsequently published in J Niemi-Kiesilainen et al (eds) Consumer Credit, Debt and Bankruptcy: National and International Dimensions, Hart, 2009.) Our analysis also uncovers possible normative implications, explored more fully in our third paper.
{"title":"The Myth of the Cautious Consumer: Law, Culture, Economics and Politics in the Rise and Partial Fall of Unsecured Lending in Japan","authors":"S. Kozuka, L. Nottage","doi":"10.5040/9781472560506.ch-010","DOIUrl":"https://doi.org/10.5040/9781472560506.ch-010","url":null,"abstract":"This is the second paper in our trilogy focusing on persistent expansion in unsecured consumer lending in Japan, leading to increasing over-indebtedness and then major judicial and legislative responses particularly from 2006. The Japanese experience provides important lessons particularly in the wake of the Global Financial Crisis of 2008, as the world reassesses how and why financial markets develop and more appropriate goals and means in regulating them. The rise and partial fall of unsecured consumer lending in Japan seem to challenge two still widely-held views about the Japanese, and especially Japanese consumers: they do not like debt, and they do not like law. In fact, such views - especially about the alleged Japanese aversion to law - are only some among a set of influential and quite distinctive schools of thought that have come to dominate the English language world of Japanese law studies. Part II conducts a thought experiment of how some of these diverse schools of thought might explain not only the growth of consumer credit markets in Japan, in the light of legal and socio-economic institutions, but also the recent re-regulation. Specifically, Part II.A develops caricatures of two culturalist accounts (communitarianism and liberalism); Part II.B, three economic theories (Chicago School, information economics, and behavioural economics); and Part II.C, two more political explanations. Part III argues that the most convincing explanations for the rise of unsecured consumer lending derive mainly from revamped (not particularly 'Confucian') culturalist theory and newer (especially behavioural) economics. But the partial fall around 2006 illustrates the increasingly less 'patterned pluralism' - perhaps even populism - of contemporary Japanese politics. These conclusions should be helpful not only in describing other contemporary developments in Japanese law and its political economy, but also when comparing other countries in fields raising similar issues. (A shorter version of this paper was subsequently published in J Niemi-Kiesilainen et al (eds) Consumer Credit, Debt and Bankruptcy: National and International Dimensions, Hart, 2009.) Our analysis also uncovers possible normative implications, explored more fully in our third paper.","PeriodicalId":363868,"journal":{"name":"LSN: Other Enforcement of Consumer Laws (Sub-Topic)","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127775288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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