Abstract

The involvement of EU law in business-to-consumer (B2C) private law relationships is bounded. Regulation originates partly at EU level and partly in national law, leading to fragmentation and legal uncertainty. To counter this problem, this chapter aims to give a new perspective on lawmaking in European consumer law. Rather than focusing on the harmonisation of consumer rights in the EU, the proposed solution is to focus on central legal standards, such as the ‘average consumer’, and their potential to function as analytical tools that enable communication between different levels of regulation, and through this greater transparency in lawmaking.

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