L’EVOLUZIONE DELLE PROCEDURE ADR IN AMBITO BANCARIO E FINANZIARIO NELLA DISCIPLINA DELL’UNIONE EUROPEA

The European legislator has made a great effort in designing a specific discipline to ensure consumer access to ADR procedures because Alternative Dispute Resolution (ADR) offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders. Starting from the discipline of consumer protection, EU directives have introduced ADR procedures for the settlement of banking and financial disputes. In this framework, the European discipline evolution of the protection system for investors has seen in the recent years a growing attention to the use of ADR procedures as the basic instrument for the settlement of disputes out-of-courts. The reason of the intervention is to make sure that consumers can make use of the full potential of the domestic and European markets, and to do this the ADR should be available for all types of consumer disputes, nationally and cross-border, with high quality standards applicable throughout the European Union. This paper examines the parallel evolution of consumer law and with the banking and financial law, highlighting the possible practical applications the field of banking crises.