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By Christian Twigg-Flesner

For nearly 3 many years, the ecu Union (EU) has followed measures to control buyer transactions in the inner industry created by means of the european Treaties. current laws is basically in line with directives harmonizing facets of nationwide purchaser legislation. This Brief argues extra applicable process for european shopper legislation will be laws within the kind of a legislation that's acceptable to cross-border transactions purely. the writer considers the constitutional constraints of the ecu Treaties, earlier than studying the case for a cross-border-only degree. He argues that the cross-border procedure is prime, since it would supply clearer advantages for shoppers looking to purchase items and providers throughout borders, whereas now not provoking family legislation unnecessarily—in specific within the context of e-commerce, with implications for undefined, policymaking, and local improvement. The Brief concludes via suggesting profitable european degree on cross-border customer transactions may possibly create a template for worldwide projects for transnational buyer legislation.

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Extra info for A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law

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Full harmonisation by Directive would mean changing the legal rules applicable to all consumer transactions in the interest of encouraging a potentially small increase in the number of cross-border transactions. On the other hand, for domestic transactions, the effect of full harmonisation could have been a negative one in respect of existing levels of consumer protection. Of course, if the level of protection under full harmonisation had been sufficiently high, then it might just about have to be acceptable politically, although the experience of the proposed Consumer Rights Directive shows that this is not necessarily the case.

The real uncertainty here is whether there would be enough concern at national level to render a regulation politically unacceptable. There is some experience with regulations, notably the so-called “Denied Boarding” regulation,81 which should provide some reassurance to national politicians that an EU regulation can work successfully. Also, if using a Regulation for all consumer transactions would be politically unacceptable, perhaps it would be much acceptable if such a Regulation were concerned only with cross-border transactions—which is the second strand of the argument of this Brief and a matter discussed in Sect.

81 Regulation 261/2004 establishing common rules on the compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – (2004) OJ L46/1. 3 From Directives to a Regulation 25 Based on the foregoing, there seems to be no strong case against the use of a regulation. Encouragingly, there are signs that the thinking at the European level with regard to the respective suitability of directives and regulations might be changing. 82 He said that Currently, 80% of the single market rules are set out through directives.

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