FIGHT FOR JUSTICE SANS FRONTIRES

Emma Bonino battles for more consumer protection

writes Paola Buonadonna

A directive proposed by Emma Bonino, the European commissioner for consumer affairs, is set to give consumers equal access to justice in all European Union countries. It cans for the mutual recognition of consumer associations which would be able to represent citizens before the courts of any member state.

The directive, to be presented to ministers in April, wills affect areas already regulated by Union law such as advertising, consumer credit and timeshares. This system, however, does not adequately protect individuals pursuing a case against a company in another EU country, as no consumer bodies are recognised across national borders.

"The purpose of the exercise is to give the consumer more chance of redress," Bonino told The European.

"Consumers who have had problems abroad can turn to their organisation which is recognised by the judiciary of the foreign country. It cuts the expense the red tape, the language problems. Eventually, it will encourage consumers to assert their rights more vigorously, becoming a sort of internal watchdog,"

The possibility for redress abroad will, Bonino said, foster the citizens' feeling of belonging to a Union. "So far, the single market has worked for banks and big businesses," shesaid. "We want lo see the consumers at home in it, too."

"This form of harmonysation is badly needed," said European consumer lobby group Beuc. "The concept of consumer rights is not as straightforward in all member states. Consumer associations in Ireland and the UK do not even have the right to represent people before the national judiciary.

Beuc also warned that empowering consumers can be pushed too far: "People must be protected by legislation. But they cannot act as watchdogs on their own initiative."

The benefits of the directive, fought for by an Italian commissioner during the Italian EU presidency, will not be enjoyed by Italian

consumers, as the country does not yet have a frame

work law for giving legal status to consumer groups. The confused Italian domestic situation has meant that many items of European legislation still lie untackled by parliament, despite its enthusiasm for Europe.

"Italy is so obviouslY pro Europe that it takes this for granted,' Bonino said. "Italy does not only fail to abide by her responsibilities, she even overlooks the advantages. For example, Italy does not use the structural funds at her disposal. The relationship with the Union is like a 40-year marriage. The two partners are faithfu1 and devoted to each other but the sparkle has gone."

This contradiction, she warned, is playing into the hands of the Euro sceptics. "Italy's navel-gazing cannot go on," she said. "The global problems we are faced with, economic and environmental ones to mention two, cannot be solved in Rome.

Bonino, who had complained after her appointment a year ago about the low status of consumer matters within the Commission has seen a shift of attitudes. "A horizontal perception of consumer rights is emerging among my colleagues. They realise that a single market is inextricably linked to proper consumer policies."