Full Harmonisation as a Regulatory Concept and its Consequences for the National Legal Orders : The Example of the Consumer Rights Directive

On 8 October 2008 the European Commission submitted the proposal for a new Consumer rights directive to the European Parliament and the Council of Ministers. This paper discusses the type of harmonisation that is foreseen in the proposed directive. It first addresses the choice between minimum and full harmonisation and the question whether there is actually support for the shift from minimum harmonisation to full harmonisation. Subsequently, an attempt is made to rebut the Commission’s argument in favour of full harmonisation. The remainder of the paper is dedicated to the consequences of full harmonisation for general contract law, the level of consumer protection offered under the proposed directive, and the possibility to shift to targeted full harmonisation of some areas, and minimum harmonisation for other