European Private Law and the Constitutional Dimension
Several questions arise that concern the scope of available competence that is covered by European private law. While it is specified in Article 5(1) EC that the EC functions only within the bounds that are set by the founding Treaties, there is no legislative competence that addresses the issues in the particular field of private law. The constitutional landscape is said to be enriched in practice by the competence given by the EC Treaty to impose harmonization. However, certain issues have to be addressed that would not just assess legislative practices imposed in the past, but contemplate what may be adopted in the future of European contract law as well. This chapter attempts to examine the constitutional aspects of European private law, while drawing attention specifically to patterns of legislative harmonization.
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