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Home ▻ Research sites▻Centre for Housing Law, Rights, and Policy▻Abusive Lending▻Resources▻Additional resources

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  • Professor Emilia Mišćenić "Currancy Clauses in CHF Credit Agreements: A 'Small Wheel' in the Swiss Loans' Mechanism", EuCML Issue 6/2020, 226. 
  • Irresponsible Lending in a Post-Crisis Era: Is the EU Consumer Credit Directive Fit for its Purpose? 

    More than a decade after the outbreak of the global financial crisis, consumers across the EU have been increasing their level of debt in terms of both volume and value of consumer credit products. Among the reasons for this trend are the low interest rate environment, the novel business practices of lenders aimed at finding new revenue sources, such as fees and charges on loans, and the innovative business models emerging in an increasingly digital marketplace, such as peer-to-peer lending. These developments present new risks to consumers and pose new challenges for regulators in terms of how to address them. This article aims to uncover the problematic aspects of consumer credit provision in the post-crisis lending environment across the EU and to assess to what extent the 2008 Consumer Credit Directive currently in force, which aims to ensure adequate consumer protection against irresponsible lending, is fit for its purpose today. In this context, the article explores the general meaning of “responsible lending” with emphasis on consumer credit, identifies the most imminent irresponsible lending practices in the consumer credit markets, and tentatively analyses their key drivers. It also reveals some important limitations of the Consumer Credit Directive in providing adequate consumer protection against irresponsible lending and offers tentative recommendations for improvement. In the authors’ view, the time now seems ripe for striking a different balance between access to credit and consumer protection in European consumer credit law.

    Recent Developments in EU Consumer Law. This  blog site contains all up to date cases relating to consumer law at the CJEU. The site offers a breakdown of cases relating to Unfair Contract Terms, Mortgages, the Mortgage Credit Directive, AirBnB, and other areas of relevant to housing consumers.
  • Dr Padraic Kenna: A Lost Decade - Study on Mortgage Possession Court Lists in Ireland (2020)
  • Abusive Lending Practices Project: Grant v. The County Registrar From the County of Laois, 2016/787 J.R. - Analysis
  • Community Action Network (CAN): House Hold: Life in Mortgage Distress (2018)‌
  • Civic Consulting of the Consumer Policy Evaluation Consortium (CPEC): The Over-Indebtedness Of European Households: Updated Mapping Of The Situation, Nature And Causes, Effects And Initiatives For Alleviating Its Impact: Part 1: Synthesis of findings (2013)
  • Common Market Law Review: Hans-W. Micklitz and Norbert Reich: The Court and the Sleeping Beauty (Academic article) 
  • Common Market Law Review: Unfair Terms in Mortgage Loans and Protection of Housing in Times of Economic Crisis: Aziz v. Catalunyacaixa (Academic article) 
  • European Commission: Annual Reports on the Application of the EU Charter of Fundamental Rights 
  • European Commission: An evaluation study of national procedural laws and practices in terms of their An evaluation study of national procedural laws and practices in terms of their An evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law (2017)
  • European Economic and Social Committee: Consumer protection and appropriate treatment of over-indebtedness to prevent social exclusion (Exploratory opinion) (2014) 
  • European Law Journal: Oliver Gerstenberg: Constitutional Reasoning in Private Law: The Role of the CJEU in Adjudicating Unfair Terms in Consumer Contracts (Academic article) 
  • European Union Agency for Fundamental Rights: Fundamental Rights Report 2016 (2016) 
  • Gary Fitzgerald: An outline of the preliminary reference procedure (Memo)
  • Law Society of Ireland: Report on the application of the European Convention on Human Rights Act 2003 and the European Charter of Fundamental Rights: Evaluation and Review (2015) 
  • Marguerite Angelari: The Unfair Contract Terms Directive: Using EU Law to Defend Consumers in Mortgage Enforcement Cases (2016)
  • Official Journal of the European Union: Explanations Relating To The Charter Of Fundamental Rights (2007/C 303/02)
  • Dr. Padraic Kenna and Simon W. Kennedy: Access to Justice and the ECB – A Study of ECB Directly Supervised and other MorAccess to Justice and the ECB – A Study of ECB Directly Supervised and other MorAccess to Justice and the ECB – A Study of ECB Directly Supervised and other Mortgage Possession Cases in Ireland (2018)
  • Dr. Padraic Kenna: A new approach to personal debt litigation: The role of the Unfair Contract Terms Directive and the Charter of Fundamental Rights (2016)
  • Dr. Padraic Kenna et al: Pilot project – Promoting protection of the right to housing – Homelessness prevention in the context of evictions (Full report) (2016) 
  • Dr. Padraic Kenna et al: Pilot project – Promoting protection of the right to housing – Homelessness prevention in the context of evictions (Annex) (2016)
  • University of Kent: Iain Ramsay: Changing Policy Paradigms of EU Consumer Credit

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