Study-Unit Description

Study-Unit Description

CODE EST3120

 
TITLE Consumer Law and Policies in the European Union

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
EQF/MQF LEVEL Not Applicable

 
ECTS CREDITS 2

 
DEPARTMENT European Studies

 
DESCRIPTION This Study-unit shall try to identify and address various important issues in consumer protection and legislation in general while placing them within the broader contexts of the European Union and the transposition of the relative measures into Maltese law. The study-unit shall identify the major consumer protection measures taken at EC level over the years and how these are reflected in Maltese law.

The study-unit shall basically attempt to achieve the following objectives:

(1) examine the meaning of and the main issues in consumer protection generally and in the European Union and why consumers deserve special protection from the law; what is meant by the terms “consumer” and by “consumer protection”; and to place these notions within a wider context that could clarify the legal and ethical basis of consumer protection;

(2) trace the European Union rationale for establishing a consumer policy and for protecting consumers within the internal market and briefly identify the principal landmarks in the development of the European Union’s interest and role in consumer protection;

(3) examine a selection of the principal EC consumer protection directives and analyze their form and content, reviewing the various techniques adopted, including the disclosure of information, the cooling-off period: and analyse the distinction between the so-called minimum and maximum directives;

(4) review briefly the conceptual and practical relationship and inter-play between EC consumer policy and other areas of the EU Acquis, including the single market, the rules of competition, free movement of goods, and the principle of subsidiarity;

(5) identify common features in the EC Directives, including a comparative analysis between particular Directives, and a review of upcoming EU measures currently at proposal stage, and of likely future trends, and the proposed new directive on consumer rights.

To achieve the above objectives, the Unit shall consider some of the more important cases decided by the ECJ, and the objectives, salient features and techniques adopted in EU Directives, primarily those dealing with doorstep contracts, unfair contract terms, product liability, general product safety, sales of goods guarantees and timeshare contracts. The sessions should also help students understand better the transposition mechanism, and to trace how and where these Directives have been transposed into Maltese legislation.

The study-unit will consist partly mainly of lectures but some subjects may be tackled seminar-style with students being required to make presentations on relevant topics. Students will be adequately informed beforehand accordingly. Relevant materials shall be distributed for photocopying during the study-unit, and students are expected to make a copy as soon as practicable and to read them. Students are expected to make some independent research and reading and should not unduly rely on the class notes and on the distributed material.

Under University regulations, attendance is obligatory and students failing to attend at least four of the prospected seven lectures may be barred from sitting for the exam. Finally students are encouraged to keep themselves informed of relevant developments by accessing the consumer policy section of the europa website. Students are encouraged and expected to participate actively during lectures and seminars and to provoke relevant and stimulating discussion.

Reading List

The three main recommended textbooks are:

EC Consumer Law and Policy - Stephen Weatherill, Elgar Publishing, 2005
EC Consumer Law – G. Howells and T Wilhelmsson, Ashgate Dartmouth, 1997
A Casebook on European Consumer Law - Ed Schultze et, Hart Publishing, 2002

 
ADDITIONAL NOTES Students are required to register for Level 1 units if they are in Year 1, for Level 2 units if they are in Year 2 and for Level 3 units if they are in Year 3 or 4 of their course.
Minimum number of students is 10.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Examination (1 Hour) Yes 100%

 

 

 
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 2026/7. It may be subject to change in subsequent years.

https://www.um.edu.mt/courses/studyunit/index.php