Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey

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...

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Main Author: Esra Ünal
Format: Article
Language:English
Published: Ankara University 2024-12-01
Series:Ankara Avrupa Çalışmaları Dergisi
Subjects:
Online Access:https://dergipark.org.tr/tr/download/article-file/3434393
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author Esra Ünal
author_facet Esra Ünal
author_sort Esra Ünal
collection DOAJ
description 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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spelling doaj-art-dc01ce1483de447c8137ea41104944b02025-01-21T18:08:10ZengAnkara UniversityAnkara Avrupa Çalışmaları Dergisi1303-25182024-12-0123239342110.32450/aacd.136655245Alternative Dispute Resolution on Consumer Conflicts in the EU and TurkeyEsra Ünal0https://orcid.org/0000-0001-9252-4589Ticaret BakanlığıConsumer 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.https://dergipark.org.tr/tr/download/article-file/3434393consumer protectionalternative dispute resolutionconsumer laweuropean unionturkeytüketicinin korunmasıalternatif uyuşmazlık çözümütüketici hukukuavrupa birliğitürkiye
spellingShingle Esra Ünal
Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey
Ankara Avrupa Çalışmaları Dergisi
consumer protection
alternative dispute resolution
consumer law
european union
turkey
tüketicinin korunması
alternatif uyuşmazlık çözümü
tüketici hukuku
avrupa birliği
türkiye
title Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey
title_full Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey
title_fullStr Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey
title_full_unstemmed Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey
title_short Alternative Dispute Resolution on Consumer Conflicts in the EU and Turkey
title_sort alternative dispute resolution on consumer conflicts in the eu and turkey
topic consumer protection
alternative dispute resolution
consumer law
european union
turkey
tüketicinin korunması
alternatif uyuşmazlık çözümü
tüketici hukuku
avrupa birliği
türkiye
url https://dergipark.org.tr/tr/download/article-file/3434393
work_keys_str_mv AT esraunal alternativedisputeresolutiononconsumerconflictsintheeuandturkey