A Cross-Border-Only Regulation for Consumer Transactions in the EU A
For almost three decades, the European Union (EU) has adopted measures to regulate consumer transactions within the internal market created by the EU Treaties. Existing legislation is largely based on directives harmonizing aspects of national consu
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For further volumes: http://www.springer.com/series/8860
Christian Twigg-Flesner
A Cross-Border-Only Regulation for Consumer Transactions in the EU A Fresh Approach to EU Consumer Law
Christian Twigg-Flesner Law School University of Hull UK [email protected]
ISSN 2191-5482 e-ISSN 2191-5490 ISBN 978-1-4614-2046-0 e-ISBN 978-1-4614-2047-7 DOI 10.1007/978-1-4614-2047-7 Springer New York Dordrecht Heidelberg London Library of Congress Control Number: 2011941606 © Christian Twigg-Flesner, 2012 All rights reserved. This work may not be translated or copied in whole or in part without the written permission of the publisher (Springer Science+Business Media, LLC, 233 Spring Street, New York, NY 10013, USA), except for brief excerpts in connection with reviews or scholarly analysis. Use in connection with any form of information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed is forbidden. The use in this publication of trade names, trademarks, service marks, and similar terms, even if they are not identified as such, is not to be taken as an expression of opinion as to whether or not they are subject to proprietary rights. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
This book is dedicated to Paul Kilford, a friend extraordinaire.
Preface
Over recent years, a significant proportion of my research work has been concerned with the desirability of reforming both domestic and European consumer law. In the European context, the main focus was on the EC Consumer Law Compendium and Database project, directed by Hans Schulte-Nölke (Osnabrück), which was a largescale analysis of how a number of EU Consumer Law directives had been transposed into the national laws of the 27 EU Member States. This work, and my interest in the debate about the Europeanisation of Contract Law, shaped the idea which is the subject of this short book, which is the suggestion that the future development of EU Consumer Law should concentrate on cross-border transactions. To some, this may seem like a very odd idea, but I hope that the discussion in this book might persuade both academic colleagues and policymakers to give this idea some thought—and hopefully prior to any final decisions being taken on an “optional instrument” on European Contract Law. This book draws on some of my earlier published work, notably articles published in the Journal of Consumer Policy1 and the European Review of Contract Law.2 It brings together ideas from those two papers, but expands on both, and also modifies some of the suggestions I have made previously as my thinking on this topic has developed further. I have also sought to provide some general background to assist a reader unfamiliar with the wider context, but have tried to be concise so as to maintain the focus on the specific argument I am making in this book. I am grateful to a number of colleagues who have offered their comments on my ideas (whilst not n
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