Hans-W. Micklitz

The consumer – marketised – fragmentised - constitutionalised

Hans-W. MicklitzPisa 08-07-2014

Hans-W. Micklitz

Market, State, Society

I want to link• the consumer to the market (the national and

the Internal Market), • to the state (the Member States and the

European Union) and • to the society (the national society and the

European society)

Hans-W. Micklitz

shifts

• from the national to the European level, • from the national market to the European

market, • from the nation state to the European Union,• from the national society to the European

society • Comparison – former/later, older/newer,

better/worse

Hans-W. Micklitz

‘isations’

• marketisation (economy) – fragment(is)ation (state) – constitutionalisation (society)

• ‘isations’ indicate a process – a ‘from’ ..’to’• ‘isations’ imply transformations of markets,

states and society• ‘isations’ establish leading consumer images• but ‘Isations’ are not bound to a chronological

order

Hans-W. Micklitz

Marketisation fragmentation constitutionalisation

Key actors The market Executive and regulatory agencies

The Courts

Mode of construction

Market building Silo building Society building

Means and function Regulation and self-regulation

Co-regulation and compliance

Last resort control

Problem solving Self-executing and private party ADR

Administrative enforcement and supervised ADR

Serious conflicts – social and societal agents

Values Efficiency Rationalities Moral values

Images Rational consumer Varity of consumers

The right to be treated as a consumer

Transformations From national to a European market

From nation state to supranational executive powers

From institutional protection to individual rights

Hans-W. Micklitz

What’s next?

• Marketised – fragmentised – constitutionalised

• Three different legal worlds with three different consumer images

• Standing largely side by side and enjoying an independent existence

• Can they, should they be connected and if how?