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Full Harmonization of Consumer Law? A Critique of the Draft Directive on Consumer Rights

European Review of Private Law, Vol. 18, pp. 5-14, 2010

JFT (Tidskrift utgiven av Juridiska föreningen i Finland), No. 3-4, pp. 573-581, 2009

10 Pages Posted: 13 Mar 2009 Last revised: 20 Jan 2011

Jan M. Smits

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)

Date Written: March 1, 2009

Abstract

This contribution looks into the Proposal for a European directive on consumer rights as published by the European Commission on 8 October 2008. It specifically questions the European Commission's ambition to turn consumer law into an area suited for full harmonization: is it really true that consumer law should be almost exclusively a European competence (as the Commission seems to suggest by proposing maximum harmonization in some important areas of consumer law) and no longer one shared by the EU and the member states? The adoption of the Consumer rights proposal would mean that the national legislatures and courts are no longer competent in setting diverging rules. This far-reaching consequence justifies the question of what is the best level of regulating consumer protection. It is argued that this is dependent on a number of factors and that the Commission's approach to fully harmonise this area because it is consumer protection is not adequate.

Keywords: Consumer Law, Directive on Consumer Rights, Maximum Harmonisation

Suggested Citation

Smits, Jan M., Full Harmonization of Consumer Law? A Critique of the Draft Directive on Consumer Rights (March 1, 2009). European Review of Private Law, Vol. 18, pp. 5-14, 2010. Available at SSRN: https://ssrn.com/abstract=1358426

Jan M. Smits (Contact Author)

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

HOME PAGE: http://www.jansmits.eu

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