| CODE | LAS2028 | |||||||||
| TITLE | Consumer Rights and Protection | |||||||||
| UM LEVEL | H - Higher Level | |||||||||
| MQF LEVEL | 6 | |||||||||
| ECTS CREDITS | 4 | |||||||||
| DEPARTMENT | Centre for the Liberal Arts and Sciences | |||||||||
| DESCRIPTION | Consumer law and policy is a significant area of current Maltese and European Union market regulation. This Unit will initially discuss the rationale for consumer law and the different forms of regulating consumer markets. It will distinguish between consumer rights and protection and in doing so it will identify the various applicable legal instruments. It will introduce basic concepts of the market, market power, competition and the behavior of undertakings operating therein. As Consumer law and policy cuts across traditional doctrinal boundaries of private and public law it is an opportunity to examine the variety of forms of regulation such as private law, public regulation and enforcement, shaping market values, and enhancing market incentives. Subsequently the functions of a number of regulatory entities which are intended to oversee specific markets with a view to enhance competition and protect the consumer will be looked at. There will be reference to experiences of regulatory authorities from other EU member states. The Unit will subsequently identify the various legal instruments which are intended to empower consumers with specific rights. It will examine specific provisions of the Consumers’ Affairs Act intended to prohibit unfair contract terms, unfair commercial practices and the sale of goods to consumers. It will also examine the regulations which come into play when consumers decide to take on a loan being it to purchase a home, a car or anything else and the consequences should they fail to meet their obligations. The Unit will look at the various possible avenues to reconcile disputes arising in the market between consumers and traders. In this regard the unit will also refer the role played by consumer organizations and the media. The question will be posed as to whether the current scenario to adequate. Food labeling is another aspect of consumer protection. Regulations require that certain information is given on pre-packed food. In this regard the Unit will provide information on not only how to read information in relation to prices but also how to interpret the information contained therein as to nutritional content. The Unit will look into the scope of quality service charters and initiatives taken by the public sector in this regard. Finally the Unit seeks to focus on the application and adequacy of specific parts of consumer legislation. Learning Outcomes: 1. Knowledge & Understanding: By the end of the Unit the student will be able to: - distinguish between consumer rights and consumer protection; - describe the economic character of the market and the role of its participants; - identify regulatory authorities and understand their roles and functions; - describe specific consumer rights accorded under the Consumers’ Affairs Act; - explain the various remedies available to address disputes between consumers and traders; - analyze information contained in food labels; - appreciate the purpose of quality service charters; - offer an applied focus on issues arising in practice 2. Skills: By the end of the Unit the student will be able to: - analyze practices taking place in different markets; - apply the legal principles and provisions learnt to case studies; - distinguish those instances which may be addressed by consumers themselves and those which require the intervention of regulatory authorities; - how to use the various mechanisms to obtain redress; - interpret information contained in food labeling; - know rights afforded by quality service charters. Main Text/s and any supplementary readings: - Quantitative Techniques for Competition and Antitrust Analysis, Peter Davis and Eliana Garces, Princeton University Press, 2009. - New economy, new competition: the rise of the consumer? David Asch and Brian Wolfe, Palgrave Macmillan, 2001. - EU consumer law and policy - Stephen Weatherill, Elgar European Law Series, 2005. - European Fair Trading Law – The Unfair Commercial Practices Directive, Geraint G. Howells, Hans-W. Micklitz, Thomas Wilhelmsson, Ashgate Publishers, 2006. - Transposing the Consumer Protection Acquis at Pre-Membership Stage: Current Candidate States and others - Fabri, David; ELSA Malta Law Review, 2nd Edition, 2012. - My Brother's Keeper-The Genesis and Ethical Basis of Consumer Law (Notes from a Maltese Perspective) in Business Ethics and Religious Values in the European Union and Malta - for a Moral Playing Field - Fabri, David, 2007, EDRC (European Documentation and Research Centre, Jean Monnet European Centre of Excellence) University of Malta. - Consumer Protection in the EU: Searching for the Real Consumer, Minor, Jacqueline, European Business Organisation Law Review, 2012 Vol. 13(2). - Consumer Affairs Act (Chapter 378) - Competition Act (Chapter 379) |
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| STUDY-UNIT TYPE | Lecture and Seminar | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | David Fabri Antoine Grima (Co-ord.) Christian Manicaro Suzanne Piscopo Emanuel Said |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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