By Christian Twigg-Flesner
For nearly 3 many years, the eu Union (EU) has followed measures to manage shopper transactions in the inner industry created via the ecu Treaties. current laws is essentially in line with directives harmonizing facets of nationwide shopper legislation. This Brief argues extra applicable process for ecu purchaser legislation will be laws within the kind of a rules that is acceptable to cross-border transactions simply. the writer considers the constitutional constraints of the european Treaties, prior to reading the case for a cross-border-only degree. He argues that the cross-border procedure is premiere, since it would offer clearer advantages for shoppers looking to purchase items and prone throughout borders, whereas no longer provoking household legislations unnecessarily—in specific within the context of e-commerce, with implications for undefined, policymaking, and neighborhood improvement. The Brief concludes via suggesting winning european degree on cross-border patron transactions may possibly create a template for international projects for transnational purchaser legislation.
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Additional info for A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law
One should not forget that there has already been a degree of harmonisation between national laws, and a common base-line level of protection has been established. It seems unlikely that an EUCTR would adopt a level of protection lower than that already agreed. The extent to which any particular national law would then provide protection which is significantly higher than the EUCTR is unlikely to be that great, because many domestic laws are equivalent to the harmonised standard which already exists, and whilst there are many instances where individual Member States have exceeded the minimum standard, this was often done in order to maintain existing domestic rules rather than because of any immediate concern that a harmonising directive was setting too low a standard.
Had the broader proposal put forward by the Commission found favour with the Member States, then, taken together, full harmonisation by directive would certainly have reduced the risk of residual variation between national laws hitherto posed by the minimum harmonisation approach. But it would not have removed all of the problems created by harmonisation. In particular, Member States would still have been required to transpose the final directive into their national laws, and this would still have produced 27 separate consumer law regimes, albeit substantively more aligned than previously.
82 M. pdf; last accessed 14 June 2011]. , p. 93. , p. 93. , to distinguish between the cross-border and domestic contexts respectively. 85 N. ” (2005) 28 Journal of Consumer Policy 383–407. 26 4 A Cross-Border-Only Regulation for Consumer Transactions in the EU The Case for Focusing on Cross-Border Transactions In the previous section, the case for switching from directives to a Regulation for the future development of EU Consumer Law was made. In this section, it will be argued that such a Regulation should concentrate on dealing with cross-border transactions only, which would mean that domestic transactions would be removed from the ambit of further EU activity.
A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law by Christian Twigg-Flesner