欧盟和当地市场的邮政消费者:从普遍服务用户到所有(数字)邮政服务用户欧盟和各国法律如何促进数字邮政市场的消费者?

Kati Cseres
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摘要

邮政服务在整个欧盟人民的生活中发挥着至关重要的作用,价格合理、可靠的邮政服务对于实现欧盟的数字单一市场至关重要。通过开放各国邮政市场进行竞争,逐步实现邮政部门的自由化和在欧盟建立单一的邮政服务市场。保护邮政服务用户与邮政普遍服务的概念密切相关。这在一定程度上是由于普遍服务(美国)在欧盟邮政服务法律中根深蒂固,在受监管的市场中比在欧盟法律的任何其他领域都根深蒂固。美国与消费者保护之间的关系是欧盟有关邮政消费者法律的一个基本领域。与此同时,这种关系总体上是欧盟法律的一个碎片化领域,特别是欧盟邮政服务法。事实上,在欧盟法律研究中,消费者保护与普遍服务之间的关系是一个研究不足的领域。由于欧盟(和国家)邮政服务法律框架之间出现的脱节,以及数字化程度的提高和电子通信的兴起,这种碎片化进一步加剧。因此,分析美国和消费者规则之间支离破碎的关系是回答邮政消费者是谁以及哪些欧盟规则对其法律地位有切实影响这一基本问题的关键。鉴于此,本文将重点研究以下问题:欧盟法律如何为数字邮政市场中的不同(弱势和活跃)消费者提供便利?
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Postal Consumers in the EU and in Local Markets: From Users of Universal Services to Users of All (Digital) Postal Services How Does EU and National Law Facilitate Consumers in the Digital Postal Market?
Postal services play a vital role in people’s life across the EU and affordable and reliable postal services are essential to realize the EU’s Digital Single Market. The liberalization of the postal sector and the establishment of a single market for postal services in the EU has been pursued progressively by opening up national postal markets to competition. Protection of postal service users is strongly intertwined with the concept of universal service in postal services. This is partly due to the fact that universal service (US) is deep-rooted in EU law of postal services, more than in any other areas of EU law in regulated market. The relationship between US and consumer protection is a fundamental area of EU law concerning postal consumers. At the same time, this relationship is a fragmented area of EU law in general, and EU postal services law in specific. The relationship between consumer protection and universal service is, in fact, an under-researched area in EU law studies. This fragmentation has further increased as a result of the emerging disconnection between the EU (and national) legal framework of postal services and due to increased digitalization and the rise of electronic communications. Accordingly, analyzing the fragmented relationship between US and consumer rules is key to answer the fundamental question of who the postal consumer is and which EU rules have tangible effects for her legal position. In view of the above, this paper will focus on the following research question: How does EU law facilitate the different (vulnerable and the active) consumers in the digital postal market?
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