A Cross-Border-Only Regulation for Consumer Transactions in by Christian Twigg-Flesner

By Christian Twigg-Flesner

For virtually 3 many years, the ecu Union (EU) has followed measures to control customer transactions in the inner marketplace created through the ecu Treaties. latest laws is essentially in response to directives harmonizing elements of nationwide shopper legislation. This Brief argues extra applicable technique for european shopper legislations will be laws within the kind of a legislation that is appropriate to cross-border transactions simply. the writer considers the constitutional constraints of the ecu Treaties, ahead of reading the case for a cross-border-only degree. He argues that the cross-border method is most excellent, since it would supply clearer merits for shoppers trying to purchase items and companies throughout borders, whereas no longer provoking household legislations unnecessarily—in specific within the context of e-commerce, with implications for undefined, policymaking, and nearby improvement. The Brief concludes by way of suggesting profitable ecu degree on cross-border shopper transactions may create a template for worldwide tasks for transnational client legislation.

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Extra resources for A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law

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As explained earlier, the piecemeal harmonisation of selected aspects of consumer law by directives has not resulted in the creation of one coherent set of rules for consumer transactions across the EU, but rather a mix of EU-based and national rules in each of the 27 Member States. That said, it is, of course, true that there have been some benefits of the harmonisation initiatives adopted so far: in particular, it has resulted in the introduction of new rights for consumers which might otherwise not have found their way into national consumer laws, such as cancellation rights or the right to have faulty goods repaired or replaced.

76 See page 37. 77 The potential difficulties this would create are dealt with below, in arguing for a cross-border only measure. 3 From Directives to a Regulation 23 to all consumer transactions, rather than whichever national provisions of the law which happens to be applicable to the transaction under the principles of private international law. Traders and consumers would find it easier to identify the relevant legal rules, should they so wish, as there would be no need for them to seek advice on what the national legislation implementing a particular directive might be.

71 71 And this may well have been what was originally intended when the Council of Ministers first resolved to include consumer protection within the focus of (then) EEC activities when it agreed its resolution on a preliminary programme for a consumer protection and information policy (1975) OJ C92/1. 20 A Cross-Border-Only Regulation for Consumer Transactions in the EU However, the drawbacks of the harmonisation approach are now apparent, and, learning from the experience to date, it should be clear that this cannot be maintained as the preferred means of developing EU Consumer Law.

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