The Interpretation of European Private Law in the Light of Market Freedoms and EU Fundamental Rights

Maastricht Journal of European and Comparative Law, Vol. 15, pp. 285 - 321, 2008

Posted: 12 Feb 2009

See all articles by Michael Schillig

Michael Schillig

King's College London - The Dickson Poon School of Law

Date Written: February 12, 2009

Abstract

Recent initiatives in the area of European private law seem to rely ever more extensively on very broad, general and vague provisions, in particular the concept of "good faith and fair dealing", a concept already present in the acquis communautaire. These and similarly vague terms will only have an impact if interpreted autonomously and unitarily by a central authority. Despite its cautious approach regarding the assessment of the fairness of contract terms, this task can rest only with the European Court of Justice. This paper explores whether and to what extent the four market freedoms regarding the free movement of goods, persons, services and capital, as well as the fundamental rights developed by the Court's jurisprudence, now laid down in the EU Charter on Fundamental Rights, may contribute to the development of an autonomous European method of legal reasoning.

Keywords: European Private Law, Interpretation, Fundamental Rights and Freedoms

JEL Classification: K19

Suggested Citation

Schillig, Michael, The Interpretation of European Private Law in the Light of Market Freedoms and EU Fundamental Rights (February 12, 2009). Maastricht Journal of European and Comparative Law, Vol. 15, pp. 285 - 321, 2008, Available at SSRN: https://ssrn.com/abstract=1341583

Michael Schillig (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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