The law and policy of regulating the European Internal Market: the harmonisation of national laws governing the supply of defective services to consumers

Thesis

This thesis looks into the law and policy implications of law-making within the EU in pursuit of the internal market, while protecting other interests such as those of consumers. The discussion concentrates in the field of services addressed to consumers and more specifically in harmonising at EU level the national liability rules governing their defective supply. This case study is developed on the following strands. Firstly, the withdrawal of the European Commission’s ‘Proposal for a Council Directive on the liability of suppliers of services’ [COM (90) 482 final] is examined from the following aspects: a) the political reactions which have preceded its withdrawal, b) its compliance with the constitutional principles governing the legislative process at EU level and c) the assessment of the substantive regime which it purported to establish. Secondly, having regard to a) the aftermath of the Proposal’s failure, b) the evolution of the constitutional debate concerning the existence, the nature and the exercise of EU competence to set harmonised rules and c) the law-making standards which the Union’s Institutions have set to self-restrict their regulatory power, the perspective of harmonising the liability of suppliers of services to consumers is further explored. Drawing on this case-study, this thesis examines the limits to EU law- making activity which are imposed by primary European law and also considers the policy standards which the EU has set for itself in engaging in its law-making commitments. This examination allows in turn the pursuit of broader reflections I about the law and policy factors which become crucial and deserve particular attention by the EU lawmaker when harmonising national rules governing market transactions – such as the liability for the supply of defective services – with a view to attaining and managing the internal market along with protecting other interests recognised at EU level, such as those of consumers.

Authors: Papathanasiou, I

• Publication date: 2011
• DOI: 10.5287/ora-wvq6nexqg
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: Oxford University, UK
• Language: English
• Keywords: European market regulation; defective services; harmonisation; soft law; internal market; liability
• Subjects: European Law; European and comparative law