Author: Hans-W. Micklitz
Publisher: Routledge
ISBN: 1317161262
Category : Law
Languages : en
Pages : 259
Book Description
This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Consumer Debt and Social Exclusion in Europe
Author: Hans-W. Micklitz
Publisher: Routledge
ISBN: 1317161262
Category : Law
Languages : en
Pages : 259
Book Description
This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Publisher: Routledge
ISBN: 1317161262
Category : Law
Languages : en
Pages : 259
Book Description
This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Consumer Debt and Social Exclusion in Europe
Author: Hans-W. Micklitz
Publisher: Lund Humphries Publishers
ISBN: 9781472449047
Category : Bankruptcy
Languages : en
Pages : 256
Book Description
This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Publisher: Lund Humphries Publishers
ISBN: 9781472449047
Category : Bankruptcy
Languages : en
Pages : 256
Book Description
This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.
Joint Report on Social Inclusion
Author:
Publisher:
ISBN:
Category : European Union countries
Languages : en
Pages : 256
Book Description
This report contains the second generation of National Action Plans against poverty and social exclusion which have been prepared by the Member States and constitute a strong political acknowledgement, three years after the Lisbon Summit, of the continuing challenge to ensure social inclusion across the European Union.
Publisher:
ISBN:
Category : European Union countries
Languages : en
Pages : 256
Book Description
This report contains the second generation of National Action Plans against poverty and social exclusion which have been prepared by the Member States and constitute a strong political acknowledgement, three years after the Lisbon Summit, of the continuing challenge to ensure social inclusion across the European Union.
A Guide to Consumer Insolvency Proceedings in Europe
Author: Thomas Kadner Graziano
Publisher: Edward Elgar Publishing
ISBN: 1788975650
Category : Law
Languages : en
Pages : 1159
Book Description
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
Publisher: Edward Elgar Publishing
ISBN: 1788975650
Category : Law
Languages : en
Pages : 1159
Book Description
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
Social Exclusion of the Elderly
Author: Gerda Jehoel-Gijsbers
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Combating social exclusion is one of the key objectives of pension systems. This report focuses on social exclusion among the elderly (defined as the 55 age group) in the EU's member states. Social exclusion has been conceptualised as a state of individuals in relation to four dimensions. Two of these dimensions - material deprivation and social rights - are of a structural nature. The other two - social participation and normative integration - pertain to social settings and subcultural factors. Theoretically and empirically, the dimensions refer to one latent underlying social exclusion variable. The original method for measuring social exclusion was devised and tested for the Netherlands, making use of a dedicated dataset. In this study, the measuring instrument has been extended to EU member states, performing secondary analyses of various surveys. These datasets do not contain information about normative integration, but for each of the other three dimensions it has turned out to be possible to construct valid indices at the EU level. Two indices that are more general have been calculated as well: one is a combined index of material deprivation plus social rights and the other is a macro aggregate covering all three dimensions. The outcomes suggest that the elderly in the Nordic countries and the Netherlands are the least excluded, in terms of both the three separate dimensions of social exclusion and the more general indices. The Continental and Anglo-Saxon countries follow close behind. Social exclusion among the elderly is generally higher in the Mediterranean countries. The highest social exclusion scores are to be found in the EU's new member states in Eastern Europe, especially in the Baltic States and Poland. In all EU member states exclusion in terms of social participation increases as people grow older. Material deprivation shows the reverse pattern: in almost all countries, this form of social exclusion decreases with age. With regard to access to social rights - operationalised here in terms of adequate housing and access to medical/dental care - the picture is less straightforward. In nearly all Mediterranean and Eastern European countries, the elderly are more excluded than are the non-elderly in this respect. In the Nordic countries, Germany and the UK, the opposite occurs: access to social rights improves with rising age. In all countries, poor health is an important factor increasing the risk of social exclusion across all dimensions. Household income has a strong effect on material deprivation and access to social rights in most countries. Age and gender cannot be considered serious risk factors for any of the dimensions of social exclusion after the impact of other variables has been controlled for. Multilevel analyses show that only a small part of the country variation in social exclusion (as measured by the combined index) can be attributed to differences in the composition of the population in connection with health, education level, age and gender. A larger part is related to country differences in household incomes. A further (albeit rather small) part has to do with specific traits at the country level. Elderly persons are less excluded if countries attain a higher level of national wealth, spend more on social protection, show less income inequality and generate higher life expectancy. Diverging institutional arrangements - as defined by a classification of countries by their social security and pension regimes - also explain some of the variation in social exclusion. After controlling for the impact of income inequality, however, this effect largely disappears. This result suggests that such regime types mainly influence social exclusion indirectly, through their effects on income inequality. The latter is the country trait with the highest unique contribution to social exclusion of the elderly in the EU.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Combating social exclusion is one of the key objectives of pension systems. This report focuses on social exclusion among the elderly (defined as the 55 age group) in the EU's member states. Social exclusion has been conceptualised as a state of individuals in relation to four dimensions. Two of these dimensions - material deprivation and social rights - are of a structural nature. The other two - social participation and normative integration - pertain to social settings and subcultural factors. Theoretically and empirically, the dimensions refer to one latent underlying social exclusion variable. The original method for measuring social exclusion was devised and tested for the Netherlands, making use of a dedicated dataset. In this study, the measuring instrument has been extended to EU member states, performing secondary analyses of various surveys. These datasets do not contain information about normative integration, but for each of the other three dimensions it has turned out to be possible to construct valid indices at the EU level. Two indices that are more general have been calculated as well: one is a combined index of material deprivation plus social rights and the other is a macro aggregate covering all three dimensions. The outcomes suggest that the elderly in the Nordic countries and the Netherlands are the least excluded, in terms of both the three separate dimensions of social exclusion and the more general indices. The Continental and Anglo-Saxon countries follow close behind. Social exclusion among the elderly is generally higher in the Mediterranean countries. The highest social exclusion scores are to be found in the EU's new member states in Eastern Europe, especially in the Baltic States and Poland. In all EU member states exclusion in terms of social participation increases as people grow older. Material deprivation shows the reverse pattern: in almost all countries, this form of social exclusion decreases with age. With regard to access to social rights - operationalised here in terms of adequate housing and access to medical/dental care - the picture is less straightforward. In nearly all Mediterranean and Eastern European countries, the elderly are more excluded than are the non-elderly in this respect. In the Nordic countries, Germany and the UK, the opposite occurs: access to social rights improves with rising age. In all countries, poor health is an important factor increasing the risk of social exclusion across all dimensions. Household income has a strong effect on material deprivation and access to social rights in most countries. Age and gender cannot be considered serious risk factors for any of the dimensions of social exclusion after the impact of other variables has been controlled for. Multilevel analyses show that only a small part of the country variation in social exclusion (as measured by the combined index) can be attributed to differences in the composition of the population in connection with health, education level, age and gender. A larger part is related to country differences in household incomes. A further (albeit rather small) part has to do with specific traits at the country level. Elderly persons are less excluded if countries attain a higher level of national wealth, spend more on social protection, show less income inequality and generate higher life expectancy. Diverging institutional arrangements - as defined by a classification of countries by their social security and pension regimes - also explain some of the variation in social exclusion. After controlling for the impact of income inequality, however, this effect largely disappears. This result suggests that such regime types mainly influence social exclusion indirectly, through their effects on income inequality. The latter is the country trait with the highest unique contribution to social exclusion of the elderly in the EU.
Information Obligations and Disinformation of Consumers
Author: Gert Straetmans
Publisher: Springer Nature
ISBN: 3030180549
Category : Law
Languages : en
Pages : 565
Book Description
This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.
Publisher: Springer Nature
ISBN: 3030180549
Category : Law
Languages : en
Pages : 565
Book Description
This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.
The Politics of Justice in European Private Law
Author: Hans-W Micklitz
Publisher: Cambridge University Press
ISBN: 1108335829
Category : Law
Languages : en
Pages : 489
Book Description
The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.
Publisher: Cambridge University Press
ISBN: 1108335829
Category : Law
Languages : en
Pages : 489
Book Description
The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.
Discrimination, Vulnerable Consumers and Financial Inclusion
Author: Cătălin-Gabriel Stănescu
Publisher: Routledge
ISBN: 1000295192
Category : Business & Economics
Languages : en
Pages : 297
Book Description
This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies – such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections – necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.
Publisher: Routledge
ISBN: 1000295192
Category : Business & Economics
Languages : en
Pages : 297
Book Description
This book addresses the questions of discrimination, vulnerable consumers, and financial inclusion in the light of the emerging legal, socioeconomic, and technological challenges. New technologies – such as artificial intelligence-driven consumer credit risk assessment and Fintech platforms, the changing nature of vulnerability due to the ongoing COVID-19 pandemic, as well as the sophistication of digital technologies, which help circumvent legal barriers and protections – necessitate the continuous study of the existing legal frameworks and measures that are capable of tackling these challenges. Organized in two major parts, the first addresses, from multiple national angles, the idea of a human rights approach to consumer law, in order to replace the mantra of economic efficiency that characterizes financial services with those of human dignity and freedom from discrimination and from debt-induced servitude. The second tackles the challenges posed by increased usage of technology in connection with financial services, which tends to solve, but also creates, additional issues for consumers in general, and for vulnerable groups in particular.
Protecting Financial Consumers in Europe
Author:
Publisher: BRILL
ISBN: 9004534393
Category : Law
Languages : en
Pages : 476
Book Description
Protecting Financial Consumers in Europe provides an authoritative account of what is state-of-the-art in the field of contracts relating to selected financial services, and the resolution of disputes arising out of such contracts by ADR bodies in Europe, both at national and EU level.
Publisher: BRILL
ISBN: 9004534393
Category : Law
Languages : en
Pages : 476
Book Description
Protecting Financial Consumers in Europe provides an authoritative account of what is state-of-the-art in the field of contracts relating to selected financial services, and the resolution of disputes arising out of such contracts by ADR bodies in Europe, both at national and EU level.
Judicial Cooperation in European Private Law
Author: Fabrizio Cafaggi,
Publisher: Edward Elgar Publishing
ISBN: 1786436698
Category : Law
Languages : en
Pages : 287
Book Description
Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.
Publisher: Edward Elgar Publishing
ISBN: 1786436698
Category : Law
Languages : en
Pages : 287
Book Description
Notwithstanding recent increases in the scope for judicial cooperation and dialogue between European courts, little research has been undertaken into the impact of the jurisprudence of the European Court of Justice, and the dialogue that arises therefrom, in national legal systems between courts and regulators. This coherent collection of original chapters provides unique insights into these developments – with a particular focus on consumer law – from a broad range of stakeholders, including academics and judges from the EU and the US.