Consumer Confidence in the European Single Market: Achievements, Shortcomings, Prospects
摘要
The following essay examines the role of private (international) law in fostering consumer confidence within the European Single Market. Building on the premise that consumer confidence is a precondition for effective market integration, it analyses the European Union’s evolving regulatory response to cross-border consumer contracts identifying three main strategies: the harmonisation of substantive consumer law through minimum standards, the (ultimately unsuccessful) unification of contract law via a European Civil Code, and, most prominently, the coordination of national legal systems through private international law and improved cross-border judicial cooperation. The essay critically evaluates the effectiveness of these strategies in light of empirical evidence and concludes that cross-border consumer activity has increased, but remains significantly below domestic levels. The analysis suggests that this gap is due not only to practical barriers, such as language and logistics, but also to the complexity, limited visibility, and occasional incoherence of the legal framework itself. Against this background, the essay argues for a recalibration of the existing framework. It advocates simplification, enhanced digitalisation of cross-border dispute resolution, and a more balanced approach that takes into account both consumers’ and businesses’ interests.