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Proper normative implementation of EU consumer laws as prerequisite for their proper and effective application in the Czech Republic

Publication at Faculty of Law |
2019

Abstract

The contribution is structured into three parts. Firstly, it is submitted and reasoned that for the proper and effective application of EU consumer protection directives in the Czech Republic their proper national transposition is even more pressing and needful than in the case of EU directives from some other areas of law like public procurement, taxation or environmental protection.

Secondly it is argued that proper transposition of EU consumer protection directives can only be achieved through balanced use of the copying and elaboration methods of transposition. The finding of the right balance between these two methods of transposition always requires targeted and systematic analysis of the content of the individual directives concerned and relevant national laws.

Thirdly the contribution critically scrutinizes some of the arguments in favour of transposing main EU consumer protection directives into the Czech Consumer Code instead of the Civil Code.