Legal Sustainability in Time of Crisis- the Case of Consumer Contract Fairness in Europe

Wednesday, July 12, 2017
Gilbert Scott Conference Room - 251 (University of Glasgow)
Mónika Józon , Business Administration, Sapientia- Hungarian University of Transylvania, Faculty of Economics and Humanities
Legal sustainability in time of crisis- the case of consumer contract fairness in Europe

By

Mónika Józon, Associate Professor, Sapientia –Hungarian University of Transylvania

The paper explores the developments taking place in consumer contract justice in Europe under the impact of the global financial crisis from the perspective of system sustainability in law with the aim to assess post crisis sustainability of the European judicial solutions and regulatory measures enacted in response to pressing economic and social needs under the impact of the global financial crisis. Consumer contract justice was forced this way to step out from its traditional functions, this impacting regulatory law, procedural law, constitutional law and fundamental rights law - the whole balance of public and private law on consumer contract justice.

Section I advances the analysis by conceptualizing sustainability in the context of contract justice. Section II will map the factors and actors driving contract justice under the impact of the crisis and will assess the changes that have occurred in the function and role of contract justice in Europe. Section III will discuss the externalities and costs of the European judicial policy on contract fairness and will elaborate on system vulnerabilities caused to private law by crisis management.

The paper will outline in the conclusion the post crisis reform-needs of contract fairness law in Europe and the lessons to be drawn from the crisis for the future of the multi-level governance in private law within the EU.