Policy choices in European consumer law: Regulation through "targeted differentiation"

This paper addresses the options proposed in the European Commission’s Green Paper on European Contract Law from the viewpoint of law-making in European consumer law. In contrast to general contract law, this field is governed by mandatory, regulatory law rather than non-mandatory, default rules. This implies that the choices to be made differ from those in general contract law. In order to achieve the goals set out in the Green Paper – such as decreasing transaction costs, ensuring greater legal certainty, and enhancing consumer confidence – it is submitted, policy choices in European consumer law will have to be tailored to this field specifically. Structural characteristics of existing EU consumer regulation can provide guidance for the policy choices that the legislator will have to make in the aftermath of the Green Paper.