- Elgar European Law series
Chapter 10: Access to justice
In any system of consumer protection, problems of securing effective access to justice loom large. Consumers are understandably reluctant to convert complaint into formal proceedings, especially where their loss is relatively small. Many consumers have only a limited grasp of the intricacies of the law. Taking legal action is in any event costly, slow and a source of stress. These problems are magnified in the cross-border environment. The detail of the law is likely to be even more unfamiliar, and the inhibitions to taking legal action all the greater. Creating an integrated market lies at the heart of the EU’s objectives, but there is no intent to set aside the existence of different legal jurisdictions. This presents a challenge to the promotion of an effective system of access to justice for the consumer in Europe.
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