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5 J. Eur. Consumer & Mkt. L. 1 (2016)

handle is hein.kluwer/jeucml0005 and id is 1 raw text is: Editorial Digital agenda: the role of the legal community in helping the EU legislator Law-making has never been a simple task; rather it is an intricate balance between the wishes of the political legislators and the final interpretation of judges. Little ever seems to happen quickly. More so than ever, law has to constantly adjust to new technological developments. Rightly there is sometimes a reticence to legislate too hastily; often the existing law can cope. Even when the decision to legislate is made, sometimes the process will take years and will be in danger of being overtaken by new developments. This is the challenge that faces the European legislator now committed to several pieces of legislation to 'finally' release the full technological potential of the Digital Single Market whilst equally safeguarding the consumer. Will the EU get it right and will it achieve it quickly? Looking back perhaps the most successful and speedy piece of EU legislation in this field was the E-commerce Directive. Achieved in less than a year it has now stood the test of time for well over a decade. However the advantage it had was that at that time, few if any of the Member States had acted in that area, so the value added of European action was obvious. Little if no intrusion into national law was felt. Since that first important step, nothing has been simple in relation to achieving the Commission's oft-repeated mantra of releasing the full potential of the synergy between the Internal Market and the Internet for European business and consumers. We have been constantly told in the intervening years that differing laws, especially contract and consumer laws, form a barrier. Equally repeated attempts to deal with this have hit against the roadblock of national legal sensitiv- ities. Now we have a new push. The European Law Institute is focusing its immediate attention on the two Commission proposals for Directives that relate respectively to contracts for the online and other distance sale of goods and to certain aspects concerning contracts for the supply of digital goods. This is an area where the Institute has a track record of activity, having produced a Statement and two supplemental statements on the previous proposal: the Common European Sales Law. The mission of the ELI is to bring together the best in Europe's legal community of lawyers, judges and academics to make clear proposals for the betterment of European law. It seems that in no area is this endeavour more needed than here, to try to bring good legislation to a brisk, final and successful conclusion. After all the work on the CESL and its predecessors an acceptable legislative path must now be found to ignite the Digital Market. Perhaps finally the concentration on the 'digital' will provide the necessary impetus. ELI's working group on these instruments, which met in London in early January has already identified numerous issues which relate to coherence, gaps and the level of harmonisation. So watch

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