Abstract
Harmonisation and legal convergence are core tasks of the EU. This paper explores the question about the determinants for national convergence of EU law, specifically applied to the ever-growing body of European consumer sales law. The measurement of national convergence is based on a unique coding of five directives in seven Member States. Using the fuzzy-set Qualitative Comparative Analysis (fsQCA) method, the paper finds that differences in national convergence can partly be explained by favourable features of the corresponding directives; however, mainly, they are the result of a combination of domestic political factors and, to a lesser extent, the country characteristics. This has important policy implications, for instance, on the need to ‘bring in politics’ in the debate about convergence, harmonisation and consumer sales law.
| Original language | English |
|---|---|
| Pages (from-to) | 714-734 |
| Number of pages | 21 |
| Journal | Legal Studies |
| Volume | 39 |
| Issue number | 4 |
| Early online date | 6 Sept 2019 |
| DOIs | |
| Publication status | Published - Dec 2019 |
Keywords
- consumer sales law
- convergence
- fsQCA
- POLICY
- PROTECTION
- INTERESTS
- CAPITALISM
- TRANSPOSITION
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