The challenges of EC consumer law

Following the structure defined in the Review of the Consumer Acquis of 2004, the Commission adopted a Green Paper on 8 February 2007 and launched a consultation on some key issues on the future developments of EC consumer law. The Review of the Consumer Acquis (i.e. eight consumer directives) should, accordingly, focus on the level of harmonization of the Consumer Acquis and the relevant instruments. There seems to be a trend the Commission towards the need to shift from minimum to maximum harmonization, and the adoption of a horizontal instrument containing a set of “Principles” of European Consumer Contract Law. In this working paper I briefly discuss some ideas on the governance of EC Consumer Law, i.e. how responsibility for consumer protection is shared between the European Union and its member states, the actors involved in the field (particularly the national courts) and the (formal and informal) instruments of consumer protection. These questions are intimately interlinked, and the answers are of deep significance as they will map the future of European consumer protection policy.