Maximum harmonization in EU consumer protection legislation : its impact on the scope of the protection afforded to consumers by national law

Abstract

Traditionally the EU tended to adopt measures in the area of consumer protection through minimum harmonization. This left Member States free to provide for further consumer protection when transposing such measures into their national laws thus also being free to cater for the particular needs and traditions of their consumers. However, through the recent move towards maximum harmonization by the European Commission, Member States no longer enjoy this discretion. This move was considered quite controversial by some legal authors as the implications are substantial and far-reaching. This Thesis intends to delve into the competence which the EU enjoys in this area and how this reflects on the move towards maximum harmonization. It also aims at discussing whether such move was in the interest of consumers or whether it was solely aiming at furthering the promotion and functioning of the internal market. This will be done through the analysis of a number of consumer protection Directives which have either been adopted through maximum harmonization or which include some maximum harmonization provisions. For this purpose, we will also analyse the notion of the average consumer as developed by the Court of Justice of the European Union in the light of this move towards maximum harmonization.