Another Look at the Eurobarometer Surveys

Published version: Common Market Law Review 50:187–206 (2013)

University of Chicago Institute for Law & Economics Olin Research Paper No. 615

29 Pages Posted: 27 Oct 2012 Last revised: 31 May 2015

William H. J. Hubbard

University of Chicago Law School

Date Written: October 26, 2012

Abstract

The current proposal for a Common European Sales Law (CESL) makes a number of empirical claims in support of its argument that differences in contract law among Member States are stifling trade, and that CESL will address these barriers to cross-border trade. These empirical claims rest largely on citations to a number of Flash Eurobarometer surveys and other surveys of businesses and consumers. A closer look at these surveys reveals that the cited statistics do not support the claims that contract-law-related obstacles present special barriers to cross-border trade for small- and medium-sized enterprises and consumers. Instead, a more ambiguous picture emerges – one that may cast doubt on several of the design features of CESL. I conclude that a more careful assessment of the empirical foundations for CESL (whether in its current or a revised form) is necessary.

Suggested Citation

Hubbard, William H. J., Another Look at the Eurobarometer Surveys (October 26, 2012). Published version: Common Market Law Review 50:187–206 (2013); University of Chicago Institute for Law & Economics Olin Research Paper No. 615. Available at SSRN: https://ssrn.com/abstract=2167489 or http://dx.doi.org/10.2139/ssrn.2167489

William H. J. Hubbard (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-834-8999 (Phone)

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