The emergence of the consumer as a legal and political category in EU consumer protection law

Vukadinović, Slobodan (2026) The emergence of the consumer as a legal and political category in EU consumer protection law. Revija Kopaoničke škole prirodnog prava, 8 (1). pp. 71-94. ISSN 2683-443X

Text Revija-1-2026-Slobodan-Vukadinovic.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (152kB)

Abstract

This paper examines the historical development of consumer protection within European integration and analyses the emergence of the consumer as a legal and political category in EU law. It starts from the hypothesis that consumer protection was not originally conceived as an autonomous objective of the European Economic Community, but rather developed gradually as a functional consequence of the establishment and strengthening of the internal market. Through the process of European integration, consumer protection evolved from a market-oriented and reflexive mechanism into an independent EU policy and, ultimately, into a constitutional and political category within the EU legal order. The research is based on legal-historical, comparative-legal and legal-dogmatic methods, combined with direct archival research conducted at the Historical Archives of the European Union (HAEU) and the European University Institute (EUI). The analysis demonstrates that the early development of consumer protection within the European Communities was largely reactive and problem-driven, before gradually evolving into a coherent supranational policy framework. Particular attention is devoted to the contribution of key EU treaties, programmes and policy strategies, as well as to the influence of national legal traditions and models on the formation of the European consumer protection system. The role of BEUC and the gradual constitutionalisation and political recognition of the consumer within the EU legal order are also examined. The paper concludes that the contemporary concept of the consumer in EU law can no longer be understood merely as a market participant, but rather as a broader legal, political and constitutional category closely connected with European citizenship, fundamental rights, digital transformation and the democratic legitimacy of the European Union.

Actions (login required)

View Item