{"title":"欧盟成员国滥用债务催收行为的监管:一个实证账户。","authors":"C-G Stănescu","doi":"10.1007/s10603-020-09476-8","DOIUrl":null,"url":null,"abstract":"<p><p>The article seeks to establish, in a comprehensive manner, if and how abusive debt collection practices are regulated in the respondent EU Member States. Using empirical data gathered from consumer and supervisory agencies as well as debt collection associations in 26 EU Member States, it provides an insight into (a) the existence of a licencing regime for debt collectors; (b) the potential transboundary dimension of debt collection and its implications for the common market; (c) the types of abusive debt-collection practices encountered in the Member States; (d) the efficacy of self-regulation via Codes of Conduct; and (e) the potential traditional remedies available to consumer-debtors. The article concludes that the existence of different national models creates potential issues and discrepancies in the legal status and defences available to consumer-debtors across the EU, which ultimately affects the proper functioning of the single credit servicing market. The advocated solution is that of a harmonized sector-specific regulation of abusive debt collection practices at EU level.</p>","PeriodicalId":47436,"journal":{"name":"JOURNAL OF CONSUMER POLICY","volume":"44 2","pages":"179-216"},"PeriodicalIF":1.4000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10603-020-09476-8","citationCount":"2","resultStr":"{\"title\":\"Regulation of Abusive Debt Collection Practices in the EU Member States: An Empirical Account.\",\"authors\":\"C-G Stănescu\",\"doi\":\"10.1007/s10603-020-09476-8\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>The article seeks to establish, in a comprehensive manner, if and how abusive debt collection practices are regulated in the respondent EU Member States. Using empirical data gathered from consumer and supervisory agencies as well as debt collection associations in 26 EU Member States, it provides an insight into (a) the existence of a licencing regime for debt collectors; (b) the potential transboundary dimension of debt collection and its implications for the common market; (c) the types of abusive debt-collection practices encountered in the Member States; (d) the efficacy of self-regulation via Codes of Conduct; and (e) the potential traditional remedies available to consumer-debtors. The article concludes that the existence of different national models creates potential issues and discrepancies in the legal status and defences available to consumer-debtors across the EU, which ultimately affects the proper functioning of the single credit servicing market. The advocated solution is that of a harmonized sector-specific regulation of abusive debt collection practices at EU level.</p>\",\"PeriodicalId\":47436,\"journal\":{\"name\":\"JOURNAL OF CONSUMER POLICY\",\"volume\":\"44 2\",\"pages\":\"179-216\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2021-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1007/s10603-020-09476-8\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"JOURNAL OF CONSUMER POLICY\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s10603-020-09476-8\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"2021/1/22 0:00:00\",\"PubModel\":\"Epub\",\"JCR\":\"Q3\",\"JCRName\":\"BUSINESS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"JOURNAL OF CONSUMER POLICY","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10603-020-09476-8","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2021/1/22 0:00:00","PubModel":"Epub","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
Regulation of Abusive Debt Collection Practices in the EU Member States: An Empirical Account.
The article seeks to establish, in a comprehensive manner, if and how abusive debt collection practices are regulated in the respondent EU Member States. Using empirical data gathered from consumer and supervisory agencies as well as debt collection associations in 26 EU Member States, it provides an insight into (a) the existence of a licencing regime for debt collectors; (b) the potential transboundary dimension of debt collection and its implications for the common market; (c) the types of abusive debt-collection practices encountered in the Member States; (d) the efficacy of self-regulation via Codes of Conduct; and (e) the potential traditional remedies available to consumer-debtors. The article concludes that the existence of different national models creates potential issues and discrepancies in the legal status and defences available to consumer-debtors across the EU, which ultimately affects the proper functioning of the single credit servicing market. The advocated solution is that of a harmonized sector-specific regulation of abusive debt collection practices at EU level.
期刊介绍：
The Journal of Consumer Policy is a refereed, international journal which encompasses a broad range of issues concerned with consumer affairs. It looks at the consumer''s dependence on existing social and economic structures, helps to define the consumer''s interest, and discusses the ways in which consumer welfare can be fostered - or restrained - through actions and policies of consumers, industry, organizations, government, educational institutions, and the mass media.
The Journal of Consumer Policy publishes theoretical and empirical research on consumer and producer conduct, emphasizing the implications for consumers and increasing communication between the parties in the marketplace.
Articles cover consumer issues in law, economics, and behavioural sciences. Current areas of topical interest include the impact of new information technologies, the economics of information, the consequences of regulation or deregulation of markets, problems related to an increasing internationalization of trade and marketing practices, consumers in less affluent societies, the efficacy of economic cooperation, consumers and the environment, problems with products and services provided by the public sector, the setting of priorities by consumer organizations and agencies, gender issues, product safety and product liability, and the interaction between consumption and associated forms of behaviour such as work and leisure.
The Journal of Consumer Policy reports regularly on developments in legal policy with a bearing on consumer issues. It covers the integration of consumer law in the European Union and other transnational communities and analyzes trends in the application and implementation of consumer legislation through administrative agencies, courts, trade associations, and consumer organizations. It also considers the impact of consumer legislation on the supply side and discusses comparative legal approaches to issues of cons umer policy in different parts of the world.
The Journal of Consumer Policy informs readers about a broad array of consumer policy issues by publishing regularly both extended book reviews and brief, non-evaluative book notes on new publications in the field.
Officially cited as: J Consum Policy
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