European Contract Law and the Charter of Fundamental Rights

doi:10.1017/9781780684963

This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of Justice has already used the Charter to steer the law governing consumer transactions, financial contracts, contracts of employment, self-employment, tenancies, and other contractual arrangements. They then proceed to assess the likely future impact of the Charter on EU contract law, using a variety of legal, historical, and theoretical perspectives. These original assessments by distinguished scholars range from claims that the Charter will only have a mild indirect influence to arguments that the Charter provides the necessary legal foundations for EU contract law and for a market society within a multi-level system of governance. Questions are raised about the scope of application of the Charter; its indirect but significant effect on national legal systems, especially in improving the effectiveness of EU law; and whether the rights and principles of the Charter may sometimes have direct effect on contracts by leading a court to disapply national law. Hugh Collins FBA is the Vinerian Professor of English Law, All Souls College, Oxford. 2 Intersentia Intersentia 3

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Contents

Frontmatter
pp i-iv
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Contents
pp v-viii
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Table of Cases
pp ix-xiv
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List of Authors
pp xv-xvi
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Building European Contract Law on Charter Rights
pp 1-32
- By Hugh Collins, Vinerian Professor of English Law, All Souls College, University of Oxford
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How Autonomous Should Private Law Be? Elements of a Private Law Constitution
pp 33-48
- By Michael Stürner, Professor of Civil Law, Private International Law and Comparative Law
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The Constitutional Transformation of Private Law Pillars through the CJEU
pp 49-92
- By Hans-W. Micklitz, Professor of Law, European University Institute, Florence
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Fundamental Rights before the Court of Justice of the European Union: A Social, Market-Functional or Pluralistic Paradigm?
pp 93-112
- By Max Fabian Starke, Wissenschaft licher Mitarbeiter at Humboldt University, Berlin
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Minimum Harmonisation and Article 16 of the CFREU: Difficult Times Ahead for Social Legislation?
pp 113-124
- By Marija Bartl, Assistant Professor of Law and a deputy director at the Centre for the Study of European Contract Law, University of Amsterdam, Candida Leone, Researcher at the Centre for the Study of European Contract Law, University of Amsterdam
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The Right to Housing (Article 7 of the Charter) and Unfair Terms in General Conditions
pp 125-138
- By Jacobien Rutgers, Professor of European Private Law and holder of a University Research Chair, Faculty of Law, Vrije Universiteit Amsterdam
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The EU Charter of Fundamental Rights and Consumer Credit: Towards Responsible Lending?
pp 139-166
- By Olha O. Cherednychenko, Professor of European Private Law and Comparative Law at the University of Groningen and Founder and Director of the Groningen Centre for European Financial Services Law (GCEFSL)
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The Justice Dimensions of the Relationship between Fundamental Rights and Private Law
pp 167-196
- By Martijn W. Hesselink, Professor of European Private Law and Director of the Centre for the Study of European Contract Law, University of Amsterdam
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Discrimination and the Self-Employed: The Scope of Protection in an Interconnected Age
pp 197-218
- By Catherine Barnard, Professor of European Union Law, Trinity College, University of Cambridge, Alysia Blackham, Senior Lecturer at Melbourne Law School at the University of Melbourne
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The Effects of Fundamental Rights in Private Disputes
pp 219-256
- By Gonçalo de Almeida Ribeiro, Professor at Católica Global School of Law (Lisbon) and Researcher at the Católica Research Centre for the Future of Law (Lisbon) and Judge of the Portuguese Constitutional Court
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Responsible Contracting: The Requirements of EU Fundamental Rights on Private Law Regimes
pp 257-284
- By Dan Wielsch, Professor of Civil Law and Legal Theory, University of Cologne
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Index
pp 285-290
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European Contract Law and the Charter of Fundamental Rights

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Contents

Frontmatter
pp i-iv

Contents
pp v-viii

Table of Cases
pp ix-xiv

List of Authors
pp xv-xvi

Building European Contract Law on Charter Rights
pp 1-32

How Autonomous Should Private Law Be? Elements of a Private Law Constitution
pp 33-48

The Constitutional Transformation of Private Law Pillars through the CJEU
pp 49-92

Fundamental Rights before the Court of Justice of the European Union: A Social, Market-Functional or Pluralistic Paradigm?
pp 93-112

Minimum Harmonisation and Article 16 of the CFREU: Difficult Times Ahead for Social Legislation?
pp 113-124

The Right to Housing (Article 7 of the Charter) and Unfair Terms in General Conditions
pp 125-138

The EU Charter of Fundamental Rights and Consumer Credit: Towards Responsible Lending?
pp 139-166

The Justice Dimensions of the Relationship between Fundamental Rights and Private Law
pp 167-196

Discrimination and the Self-Employed: The Scope of Protection in an Interconnected Age
pp 197-218

The Effects of Fundamental Rights in Private Disputes
pp 219-256

Responsible Contracting: The Requirements of EU Fundamental Rights on Private Law Regimes
pp 257-284

Index
pp 285-290

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European Contract Law and the Charter of Fundamental Rights

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