Review article
The Collision Norms for Consumer Protection in European Community Directives and Rome I Regulation – New Challenge for the Law on Resolving Conflicts of Laws
Zlatan Meškić
; Pravni fakultet Univeriteta u Zenici
Abstract
National implementation of numerous consumer European C�ommunity directives is a basis for consumer protection in cross-border contractual and extra-contractual obligations within the European Union. Nevertheless, the complete consumer potection was not achieved by these directives implementing the principle of minimal harmonisation and sectoral area of application. This situation is not going to be changed even in the case of acceptance of commission’s proposal for enacting the universal consum��er directive with adoption of the maximal harmonisation, i.e. the absolute unification of law, however, only within the area of implementation of this directive having no effect of derogation of all already existing consumer directives. Therefore, consumer protection with collision legal mechanism coaintains an important role in cross-border consumer protection in the European Union and stip�ulation of consumer contracts with businessmen from third countries. Such position has been confirmed with a provision in the proposal for the consumer directive according to which legal protection of consumers with collision norms should be transferred to the Rome I Regulation.
Basic purposes to modernise the Rome Convention have been achieved by the Rome I Regulation within the field of consumer protection. Once more, unity in implementing international jurisdiction has been accomplished according to the Brussels I Regulation. More flexible standard offering solutions to future challenges of modern business has been created with criteria for directing business. Moreover, all types of consumer contracts have been generally comprised within the field of application. Final success of the Rome I Regulation could be achieved by enacting the �rop�osed universal consumer directive to derogate existing collision norms in consumer directives. The proposed directive could be an instrument to finally implement the improved system of cross-border protection in the Rome I Regulation.
Keywords
European Union; International Private Law; consumer ptotection
Hrčak ID:
52655
URI
Publication date:
14.12.2009.
Visits: 3.003 *