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

European Review of Contract Law, 2009

16 Pages Posted: 20 Feb 2009

See all articles by Christian Twigg-Flesner

Christian Twigg-Flesner

University of Warwick - School of Law

Daniel Metcalfe

University of Hull

Date Written: February 12, 2009

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.

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

JEL Classification: K12

Suggested Citation

Twigg-Flesner, Christian and Metcalfe, Daniel, The Proposed Consumer Rights Directive - Less Haste, More Thought? (February 12, 2009). European Review of Contract Law, 2009. Available at SSRN: https://ssrn.com/abstract=1345783

Christian Twigg-Flesner (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom

HOME PAGE: http://https://www2.warwick.ac.uk/fac/soc/law/people/Christian_Twigg-Flesner

Daniel Metcalfe

University of Hull ( email )

Cottingham Road
Hull, Great Britain HU6 7RX
United Kingdom

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