"Constitutionalisation" of Consumer Rights in European and Polish Law
"Constitutionalisation" of Consumer Rights in European and Polish Law

Summary/Abstract: In their essay the authors try to evaluate provisions on consumer protection contained in the Polish Constitution of 1997 and compare them to EU primary legislation on consumer protection. In the first part they show the development of consumer protection in EU and the creation of consumer legislation. They start from the analysis of EU soft law, consumer programmes and strategies and then they go on to “hard law”, especially to art. 169 of TFUE and its interpretation by European Court of Justice and art. 38 of European Charter of Fundamental Rights. Then they analyze and evaluate Polish Constitutional Tribunal judgments based on art.76 of the Polish Constitution on consumer protection. They try to answer the question on the nature of consumer protection provisions contained in primary law. Authors also try to find the basis of consumer protection in other constitutional or primary law provisions like ones concerning the protection of privacy or data protection.

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