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EU Consumer law – The Past and The Future

The start of the second decade of the 21st century represents an important turning point for the further development of consumer law within European Union. Following the adoption of various consumer law measures over last 25 years, the EU has decided to make a profound review of the consumer acquis, and has proposed major reforms. This article represents the shortcomings of the established practice of creating EU Consumer Law through directives which harmonize selected aspects of national law. In the beginning, activities of the EU were based on a minimum harmonization approach which allowed Member States to adopt more protective rule. Recently activities reveal the change in performance of the EU, since measures have been based on a full harmonization approach, removing Member States’ freedom to legislate in the areas covered by those measures. Unfortunately, it is argued that both approaches have failed to provide a suitable legal framework to support cross-border consumer transactions. It then goes on to develop an alternative and more appropriate legislations’ approach in the form of a regulation which is applicable to cross-border transactions only.

EU Consumer Law, harmonization, directive, regulation

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