‘Good-Bye Harmonisation by Directives, Hello Cross-Border Only Regulation?’ - A Way Forward for EU Consumer Contract Law

European Review of Contract Law, Vol. 7, No. 2, 2011

17 Pages Posted: 18 Mar 2011

Date Written: February 24, 2011

Abstract

This paper considers the shortcomings of the established practice of creating EU Consumer Law through directives which harmonise selected aspects of national law. It is argued that this approach has failed to provide a suitable legal framework to support cross-border consumer transactions. It then goes on to develop an alternative approach. First, the case for choosing regulations rather than directives is made. Secondly, it is argued that EU action should be confined to the cross-border context. The notion of ‘cross-border’ itself is discussed. The analysis is set against the background of the various policy options for EU Contract Law presented in the 2010 Green Paper.

Keywords: Consumer, Regulation, Directive, Cross-Border, EU

JEL Classification: K12

Suggested Citation

Twigg-Flesner, Christian, ‘Good-Bye Harmonisation by Directives, Hello Cross-Border Only Regulation?’ - A Way Forward for EU Consumer Contract Law (February 24, 2011). European Review of Contract Law, Vol. 7, No. 2, 2011. Available at SSRN: https://ssrn.com/abstract=1786692

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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