How is the autonomy of consumers protected by the Charter of Fundamental Rights? In this essay, I aim at showing two things: Firstly, the principle of autonomy is enshrined in European economic rules (eg on competition) as a general concept that applies to all market actors – including consumers. Secondly, consumer autonomy is protected on a primary law level equal to a fundamental right. A close look at Article 38 of the Charter of Fundamental Rights (CFR) shows that this provision is the nucleus of a far-reaching consumer autonomy concept. Taken together, consumer autonomy is a centrepiece of EU law and thus must be considered with more emphasis by courts and the legislator. This holds especially true with regard to the digital sphere where consumers can be nudged in certain directions by a choice architecture …
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Alexander Kirk, Consumer Autonomy and the Charter of Fundamental Rights, Journal of European Consumer and Market Law, volume 13, issue 4, pp 170-178 (2024).
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