This document discusses the role of institutional actors in consumer law protection, focusing on the balance between consumer and seller, and the effectiveness of administrative authorities in enforcing consumer protection.
Extract
[...] In effect, to lieu d'attendre that each consumer contests a clause abusive devant the judge, she comes in amont to read and delete of such clauses. However, the commission does not have a binding character as to its recommendations. In in effect, she propose but ne can pas impose. A professional can so refuse legitimately to ignore a recommendation. The will have to then to have recourse to a action in justice. De plus, cette commission est dependent des denunciations, if person ne denounces of potential clauses abusives, the commission ne will be able to rien and fait these clauses will remain in the contracts. [...]
[...] This system of selection can be seen as a hindrance to freedom of action, the state decides who can defend or not. Of plus, the balance d'action of group in right of the consumption remains however quite disappointing. In fact, since 2014, only a 30-something procedures have been launched and none have had any real scope contrary to at the domain of the health par example. If the reinforcement of powers répressifs of the administration and of the groupements agréés assure a sanction effective of breaches you will find on the market, this protection intervenes often for to repress a trouble already existing. [...]
[...] In filtrat the actions and in apporting a expertise, these associations évitent a engorgement judicial all in being a relay of information powerful so many in the press, the television or still the advertising. This information permet to inform consumers of the problem so that they do not have it either problem. By example with the problem of the milk infantile the information a permis aux parents de ne plus to buy and so to ensure a protection in amont. De plus, ces associations permettent au droit of the consumption to be effective on the terrain judicial, completing thus the administrative action of the DGCCRF. [...]
[...] It is thus that its suppression a been envisaged in the project of loi of finance de 2026. The commission de the mediation de the consumption being attached to the INC risk of to disappear she also. In doing this the State, here of numerous tente of protect the consumer, risk of the fragilise. [...]
[...] This commission operates by a composition bipartite regrouping of magistrates, des representatives of personnel thus that of the representatives of consumers. These two structures ensure a right to balance by avoiding judicial confrontation here can be much more anxiety-provoking for simple consumers. The INC allows consumers to become enlightened consumers, who know what they are dealing with. The mediation, she, permits to offer a way of recourse very rapidly and especially free. However, in recent times, this has been questioned due to budgetary fragility. In in fact, despite its utility, the INC has just been judged too costly. [...]
