Europos Sąjungos vartotojų teisės įgyvendinimas nacionalinėje teisėje

Abstract

The point of the following research subject is the enforcement of European Consumer Protection Law in the national legal order. It is without discussion that the EC – Consumer Protection Directives developed special law at the national level. Accordingly, the thesis deals with the questions, which regulation programme of the EC – Consumer Protection Directives is obligatory for the national legislator; and the concept thereof must be implemented in the domestic legal order. Thus, the technical transformation of the EC – directives into national law must be considered: either the directives are inserted into a Civil Codification Act or transformation takes place in a special act of the law, or an implementation is not necessary due to a directive – conform interpretation according to the criterion of the aims and purposes of the directive? Additionally, the question about the consequences of the domestic implementation of the regulation specifications has to be considered. The main interest of the research is to find the common principles for the implementation of the European directives into domestic law. The implementation of the EC directives must consider the problem that the legal protection must only extend to the actual needs. The research starts with a systematic survey of the consumer protection rules in relation to the system of private law. The question play an outstanding role in the emergence, authentication, the  subject, concretion of the regulation place of the EC directives in the national legal order, the directives character and on the primary authorization bases in the EC – Treaty law. Afterwards one has to search for selected directives: Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products; Council Directive 93/13/EEC on unfair terms in consumer contracts; Council Directive 2002/65/EC concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC. The final chapter presents the results and the conclusions of the research.