Maximum harmonisation of EU consumer protection legislation : the way forward?

Abstract

The European Commission has recently embarked on the ambitious project of achieving maximum harmonisation of EU consumer protection measures. This constitutes a departure from the traditional approach whereby most Directives contained a 'minimum harmonisation clause' enabling Member States to adopt more stringent rules according to their particular domestic needs. This change in approach is apt to create a number of repercussions both at European and at national level. The purpose of this dissertation is first to analyse the Community's competence to legislate with respect to consumer policy in particular how this competence has evolved throughout the years and secondly to delve more deeply into the notion of 'maximum harmonisation' in comparison to the traditional approach of 'minimum harmonisation'. This will be considered in light of the regulatory measures adopted throughout the years and the criticisms made by scholars for and against these two approaches.