The Impact of Directive 2011/83/EU on Consumer Rights
Ius Commune Law Series, (eds) Keirse, Samoy and Loos, Cambridge, Intersentia, 2012, 65-82
27 Pages Posted: 5 Feb 2012 Last revised: 7 Apr 2017
Date Written: February 3, 2012
Following years of consultations since 8 October 2008 on the proposal of the EU Commission, Directive 2011/83/EU has been published on 22 November 2011. The article introduces briefly the debate prior to the enactment of the legislative proposal, in particular on the level of harmonisation versus approximation of rules, the aims of the directive and the historical context of consumer protection in the Treaty of Rome. In the light of the Lisbon Treaty, the article aims to analyse the legislative intent and to highlight the goals and future outcomes of the 67 recitals from a perspective of common rules as under competition law. The scope of application of the directive shows how much of its substance, particularly on unfair contracts, has been left outside its scope. The article concludes with the need for European codification as to avoid the fragmentation of private law, but it questions the usefulness of such codes for later stages of European integration where ‘borders’ as trade barriers cease to exist.
Keywords: consumer rights, Directive 2011/83/EU, common competition rules, unfair contracts
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