Cross-Border (Life) Insurance Business: A Constant Goal with (Almost) Impossible Legal Obstacles
摘要
The pursuit of a unified European market for life insurance has encountered formidable legal barriers, despite three decades of regulatory efforts by the European Union. Although insurers have been authorized to conduct cross-border business under the freedom of establishment and the freedom to provide services, national markets remain largely insular due to enduring legal complexities. This paper examines the obstacles impeding the cross-border life insurance business, focusing on regulatory and private law challenges. It assesses the impact of EU initiatives on harmonizing insurance law. While the single license principle theoretically enables cross-border operations, its effectiveness is compromised by national interpretations and the imposition of General Good Requirements (GGR). Additionally, the diversity in national insurance contract laws, varying pre-contractual information obligations, and mandatory rules complicate the creation of a standardized European (life) insurance products. The paper argues for increased flexibility in choice of law and the development of a unified private insurance law to facilitate a genuine single market. It also critiques the Pan-European Pension Product (PEPP) as a promising but flawed initiative, highlighting the need for a comprehensive review to better support cross-border life insurance business.