EU Treaty Revision and Consumer Protection

Abstract

In its original version, this paper was delivered by the authors to the Bureau Europeen des Unions des Consommateurs in April 2004 in order to provide the basis for that body’s submissions to the intergovernmental conference then charged with the task agreeing a new constitutional Treaty for the European Union. The aim: to improve the attention paid to the consumer interest in the Treaty. Ultimately the text agreed by the Heads of State and government of the Member States of the EU in June 2004 largely adopted the existing consumer-related acquis communautaire – in fact in most areas of substantive EU policy-making, not merely consumer policy, textual continuity is the hallmark of the newly agreed text. This paper has been revised to provide a commentary on the consumer-related provisions that were agreed in June 2004, in order both to show chances that have been missed (but may be revived should the ratification process founder) and to reveal areas of current debate that remain topical and controversial because of the preference simply to absorb existing provisions, lightly amended or left wholly unamended, into the constitutional Treaty agreed by the Heads of State and government of the Member States of the EU in June 2004.