Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey
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Date
2024
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Publisher
Ankara Üniversitesi
Abstract
Consumer conflicts arise every day, and how to handle this issue is a major part
of ensuring consumer redress mechanisms. In the 1970s, alternative dispute
resolution (ADR) methods were adopted in response to an increase in consumer
conflicts, with the aim of reducing the workload on courts. ADR has been supported
by the European Union (EU), which enacted the 2013/11/EU ADR Directive to
standardize consumer redress mechanisms between Member States. However,
because of the general nature of the provisions, there have been many different
approaches and methods in the member states. It has also become imprecise to
understand if it is a good role model or effective because of the ambiguous provisions
and various approaches.
Turkish Law on Consumer Protection entered into force in 2014 to ensure the
harmonisation duty of the EU acquis, and it regulated the sui generis procedure of
Consumer Arbitration Committees (CAC) and then compulsory mediation on
consumer conflicts with an added article in 2020. This article argues that CAC is
harmonised with the EU acquis and ADR systems in Turkey, bringing more effective
consumer redress mechanisms for now due to cultural and economic reasons, even if
it is not perfect and has to be improved.
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Keywords
Consumer Protection, Alternative Dispute Resolution, Consumer Law, European Union, Turkey, Tüketicinin Korunması, Alternatif Uyuşmazlık Çözümü, Tüketici Hukuku, Avrupa Birliği, Türkiye.