Essay plan:
1. Do people need access to "justice" or access to redress? See if there is any information about the rate of complain (low) indicating that the rate of complaint would not be higher were there an increase in methods by which people could sue.
Consider methods by which those who want to complain can complain. EG Ecodir; is the EU making things easier, or are things just easier for those with the wit to discover them (and ?, this is more socialogical and I have no answers, aren't these the very people who would have gone to Court in the first place?) Also Fin-Net (cross border financial services dispute resolution)
2. If what people need is access to redress, consider whether regulatory networks and ombudsmen actually provide these. Consider the work being done on ADR at European level at present
3. Examples of protection offered for consumers: consumer credit, Section 75, directive. Would lots of consumer problems on a small scale be resolved by giving consumers rights on a cross border level against the providers of credit (akin to Section 75), and that would give the financial institutions the impetus to ensure that the providers that they use are up to acceptable standards of customer care etc. However, that, of course would only work where people use credit for purchases, and you'd need an information push to get the knowledge of its availability out there.
4. New proposal for cross border small claims procedures; what will it change, what has it not thought of.
Conclusion