Consumer Debt and Social Exclusion in Europe


Book Description

This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.




Consumer Debt and Social Exclusion in Europe


Book Description

This book analyses the dichotomy between the goal of social inclusion and the effect of social exclusion through over-indebtedness since 2008 in Europe. Filling a vital gap in the current literature on the effects of the financial and economic crisis, this volume puts into context academic discussion with the real-life dimension of over-indebtedness. Reports from six European countries provide socio-economic and legal information on over-indebtedness as well as the regulatory and judicial responses to the problems entailed by over-indebtedness. They form the empirical background for five analyses of different aspects of the inclusion-exclusion dichotomy. It becomes clear that in the context of credit expansion, individual over-indebtedness has turned into a social issue, which the current design of the consumer credit and mortgage system in Europe has helped to produce while disregarding the consequential danger of social exclusion.




Consumer Vulnerability and Welfare in Mortgage Contracts


Book Description

This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.




The Financialisation of the Citizen


Book Description

This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, over indebtedness, and financial education. Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules.




The Images of the Consumer in EU Law


Book Description

This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.




Joint Report on Social Inclusion


Book Description

This report contains the second generation of National Action Plans against poverty and social exclusion which have been prepared by the Member States and constitute a strong political acknowledgement, three years after the Lisbon Summit, of the continuing challenge to ensure social inclusion across the European Union.




Social Exclusion of the Elderly


Book Description

Combating social exclusion is one of the key objectives of pension systems. This report focuses on social exclusion among the elderly (defined as the 55 age group) in the EU's member states. Social exclusion has been conceptualised as a state of individuals in relation to four dimensions. Two of these dimensions - material deprivation and social rights - are of a structural nature. The other two - social participation and normative integration - pertain to social settings and subcultural factors. Theoretically and empirically, the dimensions refer to one latent underlying social exclusion variable. The original method for measuring social exclusion was devised and tested for the Netherlands, making use of a dedicated dataset. In this study, the measuring instrument has been extended to EU member states, performing secondary analyses of various surveys. These datasets do not contain information about normative integration, but for each of the other three dimensions it has turned out to be possible to construct valid indices at the EU level. Two indices that are more general have been calculated as well: one is a combined index of material deprivation plus social rights and the other is a macro aggregate covering all three dimensions. The outcomes suggest that the elderly in the Nordic countries and the Netherlands are the least excluded, in terms of both the three separate dimensions of social exclusion and the more general indices. The Continental and Anglo-Saxon countries follow close behind. Social exclusion among the elderly is generally higher in the Mediterranean countries. The highest social exclusion scores are to be found in the EU's new member states in Eastern Europe, especially in the Baltic States and Poland. In all EU member states exclusion in terms of social participation increases as people grow older. Material deprivation shows the reverse pattern: in almost all countries, this form of social exclusion decreases with age. With regard to access to social rights - operationalised here in terms of adequate housing and access to medical/dental care - the picture is less straightforward. In nearly all Mediterranean and Eastern European countries, the elderly are more excluded than are the non-elderly in this respect. In the Nordic countries, Germany and the UK, the opposite occurs: access to social rights improves with rising age. In all countries, poor health is an important factor increasing the risk of social exclusion across all dimensions. Household income has a strong effect on material deprivation and access to social rights in most countries. Age and gender cannot be considered serious risk factors for any of the dimensions of social exclusion after the impact of other variables has been controlled for. Multilevel analyses show that only a small part of the country variation in social exclusion (as measured by the combined index) can be attributed to differences in the composition of the population in connection with health, education level, age and gender. A larger part is related to country differences in household incomes. A further (albeit rather small) part has to do with specific traits at the country level. Elderly persons are less excluded if countries attain a higher level of national wealth, spend more on social protection, show less income inequality and generate higher life expectancy. Diverging institutional arrangements - as defined by a classification of countries by their social security and pension regimes - also explain some of the variation in social exclusion. After controlling for the impact of income inequality, however, this effect largely disappears. This result suggests that such regime types mainly influence social exclusion indirectly, through their effects on income inequality. The latter is the country trait with the highest unique contribution to social exclusion of the elderly in the EU.




Financial Exclusion in Ireland


Book Description




Social Inclusion in Europe 2006


Book Description

A key feature of this report is the analysis and assessment by the European Commission and the Council of the National Action Plans submitted by the Member States. The Joint Reports assess progress made in the implementation of the Open Method of Coordination, set key priorities and identify good practice and innovative approaches of common interest to the Member States.




The Impact of the Mortgage Credit Directive in Europe


Book Description

How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyzes the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal, and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases; the system completely failed to address an exceptional situation; and, finally, how in some instances prudent lending explained why the market was virtually not hit at all. This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions considered here. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other. [Subject: European Law, Private Law, Property Law]