In the last few decades, the field of European consumer protection law has undergone a rapid and colourful transformation. In this article, I attempt to give a short summary on one of the most controversial themes of consumer protection law, the benchmark of the average consumer. In my opinion, this theme is very actual, as in many cases it is very difficult for judges to decide whether a consumer was being misled by a professional business or not.

The recently adopted Directive on the freezing and confiscation of proceeds of crime (PE-COΝS 121/13) started numerous debates over its legality, mainly because it gave the authorities extended powers in the fight against national and trans-national organised crime. For example, the European Criminal Bar Association considered that the new law could affect the fundamental rights of the European citizens by giving a judge the possibility to issue a confiscating order without previous sentence by the court.

The States realised that they should start doing more to protect fundamental rights only after the Second World War. This lead to the adoption of the Universal Declaration of Human Rights by the United Nations (UN) General Assembly in 1948 (Sepulveda et al., 2010). Even though it was adopted as a soft law instrument, it inspired the adoption of the two UN human rights conventions (Sepulveda et al., 2010), several regional human rights instruments, and multiple national bills of rights included in national Constitutions (Sepulveda et al., 2010). 

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