The Analysis of the Recent Improvement On Consumers Protection Level

European Institutions took on the task of harmonizing the national laws to achieve a minimum level of European Private Law construction, to be functional to the internal market implementation. This study aims to go into the simultaneous presence -- so far -- of two instruments for Contractual Law harmonization (mainly referred to consumption contracts) and evaluate any impact on national systems and the effectiveness from the results point of view. The first instrument is Directive 2011/83UE on Consumer Rights, to be transposed in the national law systems soon. The second one is the Proposal for Regulation of a Common European Sales Law COM(2011) 635 def. Considering the different legal effectiveness of the two instruments, the paper means to examine the following: a) The legal basis of intervention through the Regulation; in relation to what indicated by TFEU art. 114 and art. 352; b) The combined methods of action of the two instruments, one (law deriving from the Directive) being a transposition law of each member country, the other one (the Regulation) as a uniform instrument, but optional. c) The combined methods of action of the two instruments in relation to the Vienna Convention on Sales of Goods (GISG 1980). For the purpose of this analysis, the recent improvement on Consumers protection level, towards which the latest EU interventions seem to orientate, and the attention paid at the same time to the small and medium enterprise will be taken into account