The consumer protection policy is directly influenced by the primary and secondary legislation of the EU. It is generally accepted that the application of EU law has been primarily related to cross-border movement of workers, cross-border transfer of goods, the provision of services, and the free movement of capital and payments, in order to establish an effective internal market. The creation of the internal market has evolved through the effective implementation of the Union's freedoms and was initially based on the principle of equal treatment, whereby cross-border situations should be treated by Member States in a similar way to internal situations. The principle of equal treatment was subsequently enriched by the need for Member States not to take measures that, even if applied neutrally, hinder the effective implementation of Union freedoms and market access.

The connection of EU law with cross-border movement was the reason Member States could maintain different regulations in purely internal situations; however, this approach allowed certain citizens to be placed in a less favorable position compared to citizens of other Member States. The process of harmonizing internal situations relates to the decisions of the Court of Justice of the EU, which interprets EU legislative acts and contributes to consumer protection, and whose case law must be considered by national courts when resolving legal disputes involving consumers as parties to the contract.

This contribution draws scientific inspiration from legal issues arising in European (EU) consumer contract law, a policy area of particular interest, as it combines legislation of full and minimum harmonization. The scientific issue of this contribution relates to the influence of EU legislation and the case law of the CJEU on Member States and national courts, examining the legal tools available to national judges in resolving disputes and shaping their judicial reasoning according to criteria and interpretive guidelines derived from EU law and CJEU rulings.

The first chapter of this contribution examines the evolution of consumer protection policy, the contribution of the Charter of Fundamental Rights to this policy, and the protection of consumers as an overriding reason of public interest. The second chapter addresses issues related to unfair terms in agreements between traders and consumers, rules concerning commercial guarantees, and consumer rights in various types of contracts. The third chapter analyzes mechanisms for protecting consumers from unfair commercial practices of businesses. Finally, conclusions are drawn to respond to the scientific question posed.