
Mariana Cunha Marques (Masters in European Union Law from the School of Law of University of Minho)
The new horizons of consumer credit legislation
Consumer credit is a fundamental instrument, but despite its indispensability, it continues to pose significant risks, especially when granted irresponsibly. This phenomenon has driven up levels of indebtedness and over-indebtedness within the European Union. The new Consumer Credit Directive – Directive 2225/2023 – introduced important innovations, considering its main objective of strengthening consumer protection.
Firstly, we must mention the extension of the scope of application in Article 2, which was vital in order to regulate and adapt to the digital economy and new credit products on the market. Of particular note is Article 2(2)(c), which delimits the application of the Directive, stipulating that its provisions do not apply to credit agreements with a total amount exceeding €100,000. The abolition of the minimum limit allowed its provisions to cover certain types of credit that required stricter regulation, such as high-cost credits or payday/instant loans[1] and “buy now, pay later” solutions.[2] These products can be considered harmful to consumers because they are granted quickly,[3] ignoring the need to assess creditworthiness. Furthermore, they have very high costs, and, in the event of default, the additional costs are exorbitant.[4]
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