The proposal for a directive on consumer rights : its implications for Malta

Abstract

The Proposal for a Directive on Consumer Rights (COM [2008] 614 Final) was published by the Commission on the 8th of October 2008. This came about as an attempt to introduce a unified set of rules which will govern EU consumers' contractual rights, while at the same time updating the already existing legal frameworks in line with progress in modem technology, and with the increasing use of the internet. In this study, the implications of the proposed Directive for Malta were examined, with particular reference to the most significant aspects of current Maltese consumer law which will be affected. The findings of this study showed that the potential impact of the current Proposal may be significant, both to Malta, and to other Member States. This does mean, however, that it is highly unlikely that the proposed Directive will be adopted in its current form. More time needs to elapse, within which more discussions may be made in order to develop further the proposed Directive, in order to make it one which is acceptable to all Member States. The author points out some matters of discussion, mainly relating to a lack of transparency with regards to Malta's position in terms of the Proposal, and also suggests a number of recommendations as to how Malta should tackle this issues in the near future.