'Time to Do the Job Properly' - The Case for a New Approach to EU Consumer Legislation

Journal of Consumer Policy, Vol. 33, No. 4, 2010

34 Pages Posted: 3 Mar 2010 Last revised: 24 May 2010

Date Written: February 24, 2010

Abstract

Following 25 years of legislative activity in the field of consumer law, the EU has proposed major reforms to the consumer law acquis. Existing legislation is largely based on directives harmonizing aspects of national consumer laws. This paper argues that a more appropriate approach for EU consumer law would be legislation in the form of a Regulation which is applicable to crossborder transactions only. This argument will consider the constitutional constraints of the EU Treaties, before examining the case for a cross-border only measure. It will be argued that the cross-border approach is preferable, because it would provide clearer benefits for consumers seeking to buy goods/services across borders, whilst not upsetting domestic law unnecessarily, in particular in the context of e-commerce.

Keywords: Consumer Law, EU Consumer Law, Transnational Consumer Law, Harmonisation, Regulation, Cross-Border Contracts

JEL Classification: K12

Suggested Citation

Twigg-Flesner, Christian, 'Time to Do the Job Properly' - The Case for a New Approach to EU Consumer Legislation (February 24, 2010). Journal of Consumer Policy, Vol. 33, No. 4, 2010, Available at SSRN: https://ssrn.com/abstract=1562728

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

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