Transposing the consumer protection acquis at pre-membership stage : current candidate states and others

Abstract

New countries continue to apply to join the European Union (hereinafter ‘EU’). In this context, the transposition of the EU Directives and acquis at the pre-accession stage remains a relevant subject for academic examination. This paper seeks to shed some further light on this legislative phenomenon unique to the EU. It examines developments happening beyond Malta’s borders and investigates transposition processes being currently undertaken by several countries that are seeking membership in the EU. The focus of this paper is on how the prospective new applicant and candidate States are dealing with the transposition of the EU consumer protection Directives. Malta had undergone this exercise largely during the period 1999 and 2001 when most of the Directives which Malta was obliged to transpose became part of national legislation. The consumer Directives have changed and evolved since Malta’s accession. The consumer chapter of the acquis has grown since 2004 making the task of complete transposition a bigger and more complex one than Malta had encountered. At the time of writing, Croatia had just signed an accession treaty and EU membership was approved by a clear majority in a popular referendum. This paper seeks to place Malta’s own experience in the negotiation and transposition of the consumer acquis in the context of the same accession procedures being pursued by current candidate states, namely Iceland, Turkey, Serbia and indeed Croatia itself. It will also trace developments in the unusual and unique situation of the self-described Turkish Republic of Northern Cyprus, more correctly referred to as the Turkish Cypriot Community, which does not enjoy international recognition. The comparative approach adopted in this paper seeks to offer novel perspectives and unexpected insights arising from current approaches to the transposition of the EU’s consumer acquis.