The road ahead: Challenges to the effective enforcement of the EU Representative Actions Directive

The rise of digital technology has driven progress but also enabled large-scale national and cross-border consumer law infringements. Unlawful digital practices threaten the internal market and the EU’s goal of high consumer protection. Directive (EU) 2020/1828 on representative actions aims to enhance enforcement by balancing access to justice and litigation abuse. Its key contribution is to ensure that consumers can seek injunctions and redress in all Member States. However, while a step forward, the Directive does not fully resolve issues of standing and funding, which hinder access to justice and effective enforcement. Addressing these challenges depends on the creativity and flexibility of national legislators, lawyers, and courts to make representative actions more practical and effective. This article examines the impact of the Directive and argues that additional efforts are crucial to overcome its limitations and ensure meaningful consumer protection across the EU.

Authors

Publication Details

Journal
Anali Pravnog fakulteta u Beogradu
Published
2025-03-28
DOI
https://doi.org/10.51204/anali_pfbu_25102a
Citations
2
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
4.45
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article

The road ahead: Challenges to the effective enforcement of the EU Representative Actions Directive

Emilia Mišćenić, Marina Širola
2 citations
Anali Pravnog fakulteta u Beogradu
Dispute Resolution and Class Actions
4.45
article

The road ahead: Challenges to the effective enforcement of the EU Representative Actions Directive

Emilia Mišćenić, Marina Širola
article en
2 citations

Abstract

The rise of digital technology has driven progress but also enabled large-scale national and cross-border consumer law infringements. Unlawful digital practices threaten the internal market and the EU’s goal of high consumer protection. Directive (EU) 2020/1828 on representative actions aims to enhance enforcement by balancing access to justice and litigation abuse. Its key contribution is to ensure that consumers can seek injunctions and redress in all Member States. However, while a step forward, the Directive does not fully resolve issues of standing and funding, which hinder access to justice and effective enforcement. Addressing these challenges depends on the creativity and flexibility of national legislators, lawyers, and courts to make representative actions more practical and effective. This article examines the impact of the Directive and argues that additional efforts are crucial to overcome its limitations and ensure meaningful consumer protection across the EU.

Anali Pravnog fakulteta u BeograduVol. 73(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 7%
Dispute Resolution and Class Actions
4.45
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The road ahead: Challenges to the effective enforcement of the EU Representative Actions Directive — Emilia Mišćenić, Marina Širola · Anali Pravnog fakulteta u Beogradu (2025) | TGRS Research Map | TGRS