Maximum Harmonisation and General Clauses - Two Conflicting Concepts?

20 Pages Posted: 6 Nov 2010 Last revised: 10 Jan 2011

See all articles by Anne de Vries

Anne de Vries

Tilburg University - Private Law Department

Date Written: January 10, 2011

Abstract

Over the last years the European Union policy on consumer protection has shifted from minimum harmonisation towards maximum harmonisation. Maximum harmonisation should guarantee that one uniform set of rules applies to the whole EU, thereby contributing to legal certainty and reducing barriers in the internal market. However, the aim for uniformity conflicts with the frequent use of so-called general clauses: clauses that are generally formulated and need further interpretation by the courts. Various national interpretations of these clauses will hinder the aim for one uniform set of consumer laws. This article discusses the tension between general clauses and the aim for maximum harmonisation. It examines the risk of divergent national interpretations and will make some proposals on how to reduce this risk.

Keywords: European Union, consumer law, private law, harmonisation, maximum harmonisation, full harmonisation, total harmonisation, general clauses, UPCD, unfair commercial practices

Suggested Citation

de Vries, Anne, Maximum Harmonisation and General Clauses - Two Conflicting Concepts? (January 10, 2011). Available at SSRN: https://ssrn.com/abstract=1703078 or http://dx.doi.org/10.2139/ssrn.1703078

Anne De Vries (Contact Author)

Tilburg University - Private Law Department ( email )

Tilburg
Netherlands

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