By Christian Twigg-Flesner
For virtually 3 many years, the ecu Union (EU) has followed measures to control buyer transactions in the inner marketplace created through the ecu Treaties. latest laws is basically according to directives harmonizing points of nationwide purchaser legislation. This Brief argues extra acceptable procedure for ecu purchaser legislation will be laws within the kind of a rules that's acceptable to cross-border transactions in simple terms. the writer considers the constitutional constraints of the ecu Treaties, earlier than interpreting the case for a cross-border-only degree. He argues that the cross-border method is most advantageous, since it would offer clearer advantages for shoppers trying to purchase items and companies throughout borders, whereas no longer scary household legislations unnecessarily—in specific within the context of e-commerce, with implications for undefined, policymaking, and nearby improvement. The Brief concludes by way of suggesting winning ecu degree on cross-border shopper transactions may possibly create a template for international tasks for transnational buyer legislations.
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Additional resources for A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law
Briefly, the Commission argued that the risk of legal fragmentation posed by having separate regimes for domestic and cross-border transactions, or face-to-face and distance transactions, would rule out any alternative to 56 H. Schulte-Nölke, C. Twigg-Flesner and M. Ebers, EC consumer law compendium (Munich: Sellier, 2008). 57 H. Schulte-Nölke, C. Twigg-Flesner and M. Ebers, EC consumer law compendium (Munich: Sellier, 2008), pp. 497–504. 58 Directive 2002/65/EC on Distance Marketing of Consumer Financial Services (2002) OJ L271/16 and Directive 2005/29/EC on Unfair Commercial Practices (2005) OJ L149/22.
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.
From a trader’s perspective, there would similarly be some need to be familiar with multiple regimes. Online traders would have to be familiar with two sets of rules, and those with an online and face-to-face retail operation would have to work with three, although it is assumed that in the domestic context, much of the basic obligations of a retailer would be the same in face-to-face and distance transactions, with only a few additional obligations in respect of the latter. However, the one advantage is that there would be greater clarity as to which set of rules would apply when, and as far as the cross-border context is concerned, one would find the relevant rules in a single text (the EUCTR itself), rather than having to investigate which particular national law transposes relevant EU rules.
A Cross-Border-Only Regulation for Consumer Transactions in the EU: A Fresh Approach to EU Consumer Law by Christian Twigg-Flesner