By Christian Twigg-Flesner

For virtually 3 many years, the ecu Union (EU) has followed measures to manage client transactions in the inner industry created by way of the european Treaties. current laws is essentially according to directives harmonizing elements of nationwide client legislation. This Brief argues extra acceptable strategy for european client legislation will be laws within the type of a legislation that is appropriate to cross-border transactions basically. the writer considers the constitutional constraints of the ecu Treaties, earlier than analyzing the case for a cross-border-only degree. He argues that the cross-border technique is superior, since it would offer clearer advantages for shoppers trying to purchase items and prone throughout borders, whereas no longer provoking household legislations unnecessarily—in specific within the context of e-commerce, with implications for undefined, policymaking, and local improvement. The Brief concludes by way of suggesting profitable european degree on cross-border customer transactions may perhaps create a template for international tasks for transnational purchaser legislations.

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Having considered the case for moving to a Regulation and limiting its application to cross-border transaction in general terms, it will then be considered how this argument fits into the present debate about taking action in the field of European Contract Law. 3 From Directives to a Regulation This Brief intends to make the case for switching to a Regulation, or regulations, for the further development of EU Consumer Law. The task for this section is to set out the case for this shift. The next section will argue that such a regulation should be limited to cross-border transactions only.

80 78 P. Rott, “Minimum harmonization for the completion of the internal market? The example of consumer sales law” (2003) 40 Common Market Law Review 1107–1135. 79 A. Johnston and H. Unberath, “Law at, to or from the centre”? in F. ) The institutional framework of European private law (Oxford: Oxford University Press, 2006). 80 Cf. W. Micklitz, “The Targeted Full Harmonization Approach: Looking behind the curtain” in G. Howells and R. Schulze, Modernising and Harmonizing Consumer Contract Law (Munich: Sellier, 2008), p.

However, the use of regulation is not a panacea. 83 He continues by saying that Harmonization through regulations can be most appropriate when regulating new sectors from scratch and easier when the areas concerned allow for limited interaction between EU rules and national systems. In other instances, where upfront harmonization is not the solution, it is worthwhile exploring the idea of a 28th regime, a EU framework alternative to but not replacing national rules. The advantage of the 28th regime is to expand options for business and citizens operating in the single market: if the single market is their main horizon, they can opt for a standard and single legal framework valid across Member States; if they move in a predominantly national setting, they will remain under the national regime …84 Professor Monti’s comments further underline the fact that, logically speaking, the case for using Regulations is a strong one.

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