Collective Commentary about the New Package Travel Directive
Article 4 Level of harmonisation Unless otherwise provided for in this Directive, Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions which would ensure a different level of traveller protection. Pilar Juana Garcia Saura 1 1. Community legislation as a standardisation/harmonisation instrument; 2. Secondary European Union legislation: directives; 3. Harmonised substantive law on package travel in the EU. Approach to the level of harmonisation; 3.1. Directive on package travel, package holidays and package tours (Directive 90/314/EEC, of the Council, of 13 June 1990). Basic harmonisation; 3.2. Directive 2015/2302 on package travel and linked travel arrangements. Maximum harmonisation; Bibliography. 1. COMMUNITY LEGISLATION AS A STANDARDISATION/ HARMONISATION INSTRUMENT The most distinguishing feature of European Union law is that it is a harmonising law as it becomes part of each and every Member States’ civil law. The basis for harmonisation, according to the most authoritative doctrine, is a consequence of both the freedom of movement of persons and capitals and the freedom of residence 2 . The most significant result of this character is that the 1 Department of Administrative Law, University of Murcia. 2 DE MIGUEL ASENSIO, P.A., “El futuro del derecho privado uniforme en la Unión Europea: nuevas tendencias y retos”, in Spanish Yearbook of International Law , vol. XI, 2005, p. 3.