Cittadini e consumatori nel diritto dell'Unione Europea

The essay aims at verifying whether the European policy concerning consumer protection really succeeds in harmonizing the protection of consumers’ rights and interests, on one side, with the need to grant free competition and the smooth functioning of the internal market, on the other side. Focusing on the Directive on product liability, on the Directives on tobacco advertising, on the Directive on unfair commercial practices, the essay points out that the European attitude toward consumer protection evolved in parallel with the modifications of the European Treaty and with the transition to a Europe of rights, so that a higher level of protection has been granted to consumers; but still the balance between consumers’ rights and market efficiency is not fully satisfying and the needs of the market may prevail in a number of cases. From another point of view, the too narrow notion of “consumer” gives rise to the serious doubt that there may be disparities in dealing with consumers and with the generality of citizens, who are entitled to a lesser protection than consumers even in the case they are the weaker part in an economic transaction. In this context, the European Court of Justice is going to play a more and more crucial role in granting a good balance and in eliminating disparities.