Consumer collective redress in Turkey: the need for reform in light of the EU regime

Sahin Sengul, E ORCID: 0000-0002-4741-2171 and Kaya, S (2023) 'Consumer collective redress in Turkey: the need for reform in light of the EU regime.' European Business Organization Law Review. ISSN 1741-6205

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Abstract

Over the past 25 years, since the beginning of the process of Turkey’s accession to the European Union (EU), the Turkish Republic has expanded its consumer protection strategy and adopted legislation in compliance with EU law. Still, full harmonisation has not been attained yet, particularly in the field of consumer disputes. One example is EU Collective Redress Directive 2020/1828 with which Turkish domestic law is still incompatible. The underlying objective of the introduction of the Collective Redress Directive is to establish effective and efficient collective action for consumers in order to provide injunctive relief and compensation to those harmed by the same or a similar infringement. The regime of collective actions in Turkey is, however, fragmented and in need of reform in order to protect the collective interests of consumers. The relevant legislation not only lacks the necessary elements required for the well-functioning of a collective action mechanism, but also does not allow the filing of a collective action for certain infringements of consumer law and for claiming damages for any infringement. This article therefore evaluates the EU collective redress regime to seek lessons to be learnt by Turkey, and, in light of this evaluation, aims to design a new legal framework for consumer collective redress in Turkey.

Item Type:	Article
Keywords:	consumer protection, consumer redress, collective actions, EU collective redress directive, Turkish consumer collective redress
Subjects:	K Law > K Law (General)
Divisions:	Bath Business School
Date Deposited:	29 May 2024 14:37
Last Modified:	30 May 2024 18:46
URI / Page ID:	https://researchspace.bathspa.ac.uk/id/eprint/16263

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