EU Law and Consumer Transactions Without an Internal Market Dimension
In D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Studies of the Oxford Institute of European and Comparative Law, Hart Publishing, Oxford 2013)
Posted: 9 Apr 2013
Date Written: April 2013
The EU has had a significant impact on the regulation of private relationships between traders and consumers, but this has been without differentiating between those situations which involve a cross-border element, and those which are purely domestic. This paper queries whether this ‘one size fits all’ approach is appropriate, and suggests that there are clear differences between these two contexts which justify limiting the EU's activities to the cross-border context. It would mean that the constitutional constraints on the EU's power to act would be less severe, because, by definition, no single Member State can regulate cross-border circumstances. If consumer protection is the dominant objective, the a more varied approach is needed.
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