The contribution of EU directives to the objective of consumer protection

Abstract

From relatively slow beginnings, consumer policy within the European Union (hereinafter the ‘EU’) has today taken hold to such an extent that there is now even a Commissioner and Directorate General within the Commission whose portfolio is solely dedicated to Health and Consumers. Initially, the consumer was scantly referred to in the Treaty establishing the European Economic Community; it was thought that the consumer would simply benefit from the process of European integration. With successive amendments to the EU’s constitution, references to the consumer increased and eventually a proper legal basis on consumer protection was included. Legislation harmonising national laws in the field of consumer protection emerged,4 which in turn spawned consumer protection legislation in Member States. There is today a preponderance of European measures claiming to protect the consumer, with legislative measures taking the form of both Directives and Regulations. As the title clearly suggests, this paper will only consider the contribution of EU Directives to consumer protection, and not that of other instruments, such as Regulations. In addition, due to space constraints, product safety, product liability, labelling, sectoral advertising and protection through the provisions of the Treaty on the Functioning of the European Unions (hereinafter the ‘TFEU’) on free movement and competition provisions, which are vast and self-contained topics, will not be considered.