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 consumer laws.
This "Brief" argues that a more appropriate approach for EU
consumer law would be legislation in the form of a regulation which
is applicable to cross-border transactions only. The author
considers the constitutional constraints of the EU Treaties, before
examining the case for a cross-border-only measure. He argues that
the cross-border approach is preferable, because it would provide
clearer benefits for consumers seeking to buy goods and services
across borders, while not upsetting domestic law unnecessarily-in
particular in the context of e-commerce, with implications for
industry, policymaking, and regional development. The "Brief"
concludes by suggesting that a successful EU measure on
cross-border consumer transactions could create a template for
global initiatives for transnational consumer law. "
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