The Proposed Consumer Rights Directive - Less Haste, More Thought?

Abstract:     
The European Commission's proposal for a directive on consumer rights ("pCRD") marks the culmination of a lengthy review process. The pCRD would be a significant change to the landscape of EU Consumer Law, replacing the directives on doorstep selling, distance selling, unfair terms and consumer sales with one new coherent measure. The acquis communautaire on consumer contract law has developed very slowly and in a rather piecemeal fashion. It has been criticised widely for its incoherence, as well as the gaps that exist. The Commission proposed not only to improve the quality of the legislation through the adoption of a horizontal measure, but also to abandon the policy of minimum harmonisation in favour of a full harmonisation approach. In this paper, we focus on the more significant aspects of the proposal, starting first with general observations before turning to particular changes which would be made to the substance of EU consumer law. Space precludes a full discussion of all the changes that would be made.

Number of Pages in PDF File: 16

Keywords: EU Consumer Law, Consumer Rights Directive, proposal for new legislation

JEL Classification: K12

Accepted Paper Series