Collective Guardianship of Consumers in Spanish Private International Law: Ordination of Some Procedural Aspects

Abstract

Consumer protection is currently articulated from a plurality of instruments, of different nature, intended for individual protection. In a globalized and digitized market, these mechanisms are not sufficient, making it necessary to develop instruments that guarantee the protection of the collective interests of consumers against the infringement of enshrined rights. These instruments must be articulated based on the right to effective judicial protection, both in terms of access to justice and in order to carry out the decision adopted. The internationalization of legal relationships, however, raises some issues for which Private International Law is essential. In this framework, we propose to analyze, based on the solutions adopted by the latest European initiatives, the ordering of some procedural aspects that raises the international protection of the collective interests of consumers.