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Vol 25 No 2 Feb/March 2020

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Better Regulation in EU Contract Law: The Fitness Check and the New Deal for Consumers

Edited by: Esther van Schagen, Stephen Weatherill

ISBN13: 9781509928354
Published: December 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

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This book is the first to provide a critical investigation of EU impact assessments and better regulation from the perspective of EU contract law. The Commission's “New Deal for EU Consumers” is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a “fitness check”. This offers an opportunity to explore difficulties and best practices at national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law.

This book addresses key questions such as: do impact assessments favour business interests, at the expense of a high level of consumer protection? Is the evaluation of EU contract law, and the analysis in impact assessments, in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately: is the potential of better regulation realised?

Contract Law, EU Law