The Neo-Corporatist Approach

This report approaches the new spheres of self-regnlation, soft law and dere- gulation in the Netherlands from both a factual and historical point of view. Using the Dutch Advertising Code as an example, the article discusses the advantages and disadvantages of self-regulation, thereby illustrating that self-regulation may even lead to greater protection of the consumer than would otherwise be achieved: the operation of the Dutch Advertising Code is not only successful, but is also more far-reaching than the draft EEC directive on misleading advertising. Self-regulation exists in many other spheres which, however, do not necessarily further protect the position of the consumer. Where a Complaints Commission exists, the situation is somewhat different in that disputes may generally be settled without great expense and relatively quickly. Self-regulation and concerted action have achieved a certain level of consumer protection in the Netherlands, but this, of course, does not mean that there is no room for progress: the author here shows the inter-dependency of non-legal rules with legal rules despite the tendency seen in the past years in the Netherlands to deregulate what were formerly public agencies and consumer-related institutions. An economic crisis - there is a general feeling, and ample evidence, that we are in the midst of it. There also exists a widespread opinion that in times of crises consumer protection is looked upon as a luxury by politicians - and sometimes consumers. Draft directives of the European Economic Community on consumer credit, door-to- door sales, misleading advertising and product liability do not seem to make any headway. On the national level of the member states, the consumer legislation of the 1970's has hardly had a chance to become effective when already the threat of deregulation looms over it. As is often the case, the real picture may be less gloomy than experts try to make us believe. Even if consumer legislation is not increased, possibly even decreased, private regulation might conceiv- ably take its place. This calls our attention to the non-legislative means of consumer protection: the codes and guidelines, the standard contracts, the arbitration tribunals and conciliation schemes. Non-legislative means of consumer protection have existed for a long time, possibly even longer than consumer legislation. They have often been thought of as a temporary affair, set up by business