Full Harmonisation as a Regulatory Concept and its Consequences for the National Legal Orders: The Example of the Consumer Rights Directive

34 Pages Posted: 13 Jul 2010 Last revised: 1 Apr 2011

See all articles by Marco Loos

Marco Loos

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Date Written: July 13, 2010

Abstract

On 8 October 2008 the European Commission submitted the proposal for a new Consumer rights directive to the European Parliament and the Council of Ministers. This paper discusses the type of harmonisation that is foreseen in the proposed directive. It first addresses the choice between minimum and full harmonisation and the question whether there is actually support for the shift from minimum harmonisation to full harmonisation. Subsequently, an attempt is made to rebut the Commission’s argument in favour of full harmonisation. The remainder of the paper is dedicated to the consequences of full harmonisation for general contract law, the level of consumer protection offered under the proposed directive, and the possibility to shift to targeted full harmonisation of some areas, and minimum harmonisation for other.

Keywords: European Consumer Law, Full Harmonisation, Consumer Protection, Consumer Rights Directive

Suggested Citation

Loos, Marco, Full Harmonisation as a Regulatory Concept and its Consequences for the National Legal Orders: The Example of the Consumer Rights Directive (July 13, 2010). Centre for the Study of European Contract Law Working Paper Series No. 2010/03, Available at SSRN: https://ssrn.com/abstract=1639436 or http://dx.doi.org/10.2139/ssrn.1639436

Marco Loos (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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