European Contract Law and the Charter of Fundamental Rights

A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.
Hugh Collins
European Contract Law and Theory
book | published | 1st edition
April 2017 | xiv + 290 pp.



ISBN 9781780684338

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ISBN 9781780684963

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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.

“The editor managed to gather prominent scholars to write chapters on different legal issues concerning fundamental rights in European contract law and offered some very insightful solutions … It will thus be of great benefit both to academics and practitioners, especially judges (both national and European) who face these difficult questions on a daily basis.”
- Verica Trstenjak, Common Market Law Review 2019


Table of Contents

Table of Contents (p. 0)

Building European Contract Law on Charter Rights (p. 1)

Hugh Collins

How Autonomous Should Private Law Be? Elements of a Private Law Constitution (p. 33)

The Constitutional Transformation of Private Law Pillars through the CJEU (p. 49)

Hans-Wolfgang Micklitz

Fundamental Rights before the Court of Justice of the European Union: A Social, Market-Functional or Pluralistic Paradigm? (p. 93)

Minimum Harmonisation and Article 16 of the CFREU: Difficult Times Ahead for Social Legislation? (p. 113)

The Right to Housing (Article 7 of the Charter) and Unfair Terms in General Conditions (p. 125)

Jacobien Rutgers

The EU Charter of Fundamental Rights and Consumer Credit: Towards Responsible Lending? (p. 139)

Olha Cherednychenko

The Justice Dimensions of the Relationship between Fundamental Rights and Private Law (p. 167)

Martijn Hesselink

Discrimination and the Self-Employed: The Scope of Protection in an Interconnected Age (p. 197)

The Effects of Fundamental Rights in Private Disputes (p. 219)

Responsible Contracting: The Requirements of EU Fundamental Rights on Private Law Regimes (p. 257)

Index (p. 285)

About the series:

European Contract Law and Theory

The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law including its economic, sociological and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe.

In this spirit, the book series European Contract Law and Theory (EUCOLATH) combines dogmatic thinking in comparative and EU law with strong social theory considerations and makes the results of the discussions of leading scholars and practitioners publicly available.

Editorial Board

Prof. Dr iur. Dr phil. Stefan Grundmann, LLM (Berkeley)
Professor of Private, Commercial and International Law at Humboldt-University, Berlin, and Professor of Transnational Law and Theory at the European University Institute, Florence (part-time)

Prof. Hugh Collins
Cassel Professor of Commercial Law at the London School of Economics, London, and Fellow of the British Academy

Prof. Dr Fernando Gómez Pomar
Professor of Civil Law and Law and Economics at Universitat Pompeu Fabra, Barcelona

Prof. Jacobien Rutgers
Professor in Private Law and Private International Law at the Free University (VU) Amsterdam

Prof. Dr Pietro Sirena
Professor of Private Law at Bocconi University, Milan

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