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‘Good-bye harmonisation by directives, hello cross-border only regulation?’ – a way forward for EU Consumer Contract Law

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Twigg-Flesner, Christian (2011) ‘Good-bye harmonisation by directives, hello cross-border only regulation?’ – a way forward for EU Consumer Contract Law. European Review of Contract Law, 7 . pp. 235-256. doi:10.1515/ercl.2011.235

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Official URL: https://doi.org/10.1515/ercl.2011.235

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Abstract

his paper considers the shortcomings of the established practice of creating EU Consumer Law through directives which harmonise selected aspects of national law. It is argued that this approach has failed to provide a suitable legal framework to support crossborder consumer transactions. It then goes on to develop an alternative approach. First, the case for choosing regulations rather than directives is made. Secondly, it is argued that EU action should be confined to the cross-border context. The notion of ‘cross-border’ itself is discussed. The analysis is set against the background of the various policy options for EU Contract Law presented in the 2010 Green Paper.

Item Type: Journal Article
Divisions: Faculty of Social Sciences > School of Law
Journal or Publication Title: European Review of Contract Law
Publisher: Walter de Gruyter GmbH & Co. KG
ISSN: 1614-9920
Official Date: 2011
Dates:
DateEvent
2011Published
Volume: 7
Page Range: pp. 235-256
DOI: 10.1515/ercl.2011.235
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access

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