Contenu du sommaire : La consommation : quelles politiques ? Quelles protections?

Consumer Protection and Modem Societies. In modem societies where consumer protection has developed over the past 25 years, legislation ought to be promoted only with the greatest caution. The consumer is no more an isolated figure and even though the consumer movement is often weak and divided, the legal framework is nowadays comprehensive. Other actions are warranted : information campaigns or any similar measure, strong competition policy and a greater participation of consumers to their own protection. 1992 will play a major role in emphasizing that consumers have to take charge of their own problems and cease to consider the State as an absolute shelter.

The Rise and Retreat of Consumer Regulation in the United States. The development of consumer regulation in the United States in the 1970s was due to the economic context and the rise of «policy entrepreneurs» in Congress, able to draw public attention and transform it into legislative action. Organized consumer groups also played a significant role. By the late 1970s the Reagan administration relayed by Congress sought to restrain regulation, critized as being too aggressive by business, while the competitive position of the US economy was declining. At present, the lull in consumer protection has, to some extent, been filled by the States and the courts. But the fear of having to meet 50 different requirements has generated a new-found industry support for national legislation that would preempt State regulations.

Consumer Policy in the United Kingdom. Consumer policy in the UK reflects the government's belief that the best form of protection cornes from consumers making informed choices in an open and compétitive market and that adapting the basic legal framework should be considered with caution. There is no general sale of goods législation spécifie to consumers but transactions affecting consumers are subject to many statutes. Enforcement is carried out by the Trading Standarts departments of local authorities and there are provisions for a law cost small daims procedure in the county courts. In addition, voluntary codes of practice hâve developed ; they are a more flexible instrument than régulations, and provide for conciliation mechanisms for handling complaints. But enforcement of those codes should be more effective.

Consumer Protection in the EEC. Consumer protection policy has developed since 1972. The achievement of internal market requires from the Commission the adoption of adequate regulations in order to guarantee consumer's interests and to organize their legal protection. The three-year european plan of action defines four specific programs : consumer's representation ; open access to information about financial services and comparative publicity ; consumers safety and security ; fair transactions. Nevertheless, it is necessary to surmount the contradictions between consumers and producers' interests, and to conciliate the beginning national policies and the requirement of a high level of protection in the EEC.

Consumer Law — A Reflection of Economic and Technological Development. Consumer law, fluid and still in its incipient stages, has had to assert its independence across various sectors. Changes in the modes of consumption and mass consumption in recent years along with the growth of credit have necessitated the introduction of legislation. The internationalization and liberalization of trade and the growing sophistication of selling and marketing techniques pose fresh challenges. Legal procedures will moreover have to be adapted to take account of the transformation in the nature of litigation between producers and consumers. In short, the logic underlying the development of consumer law is the same as that underlying the development of competition law, ie balance and transparency.

Labels, Designations of origin, Veterinary services and Consumer protection. Assuring consumers of the hygienic quality of foodstuffs is the job of the Ministry of Agriculture, which lays down regulatory standards covering the entire cycle from the early production stages to the sale of the product, and the veterinary services, which monitor their implementation. In addition, there exist a number of voluntary procedures, such as the use of labels (certifying high quality), from which producers seeking to differentiate their products may choose. The State's role is therefore confined to protecting the interests of the consumer by guaranteeing fair trading and accurate information.

Consumer Protection Towards a Codification. Consumer protection requires the codification of a law which for twenty years has grown in a haphazard fashion. There now exists a scheme to mould the existing provisions into a single and coherent text. This entails introducing preventive and collective consumer protection methods and facilitating the exercise by individuals of their consumer rights. The presentation of such a bill before parliament is all the more important today as it would enable France to exercise a decisive influence in the European arena.

The Consumer, the Law and the Courts : A French View. There can be no effective consumer protection when the law is too complex and lacks transparency, nor when access to justice is too costly. France produces too many legal instruments which prevent the legal practitioner to have continuing mastery of the legal framework. Because of its current problems, french justice is ongoing a major crisis which can only harm the consumer. A substantial reform of legal aid is one of the major actions required to improve the situation.

The National Consumer Institute. The NCI was set up in 1967 and has been marked by a certain ambiguity that is reinforced by its financial autonomy and role in the overall management of consumerism. Its tasks are highly varied : it is an institute for comparative surveys as well as an information centre responsible for several publications. The strengthening of the consumer movement today enables it to focus on playing a technical role, which involves sharing responsibilities with other organizations and the government, and respecting each organization's autonomy.

The Stiftung Warentest and Consumer Policy in Germany. In a market economy, consumer policy forms an integral part of economic policy. In Germany its implementation is carried out by a number of organizations responsible for the representation of consumers' interests at the political level and the dissemination of information, principally through consumer groups based in each Land. The Stiftung Warentest, an independent and mostly self-financed private foundation, deserves special mention. Its comparative trials and surveys, whose results have an important impact, have helped to restore the balance between producers and consumers.