Transposition of the Directive 2011/83/EU on consumer rights - A challenge to national legislators

Abstract

Abstract: In the area of European contract law legal area most affected by the process of harmonization, and consequently the process of revision is the area of consumer protection. Because in the last few decades most intense legislative activity is manifested in the adoption of consumer directives. Transposing consumer directives member states have recognized the opportunity of their own economic development, since the improvement of trade is only possible if consumers enjoy the same rights no matter where in the territory of the European Union conclude contracts . This paper is focused on new horizontal instrument of European consumer law, Directive 2011/83/EU on consumer rights. Directive 2011/83/EU is a pioneering step towards building a coherent European consumer protection law, and in this light will be indicated the problem questions that arise in the process of harmonization of regulation Member States with Directive 2011/83/EU, keeping in mind the maximum harmonization clause. Also critically will be considered the process of harmonization of positive legislation with the Acquis in the field of consumer protection.