General Principles of EU Civil Law
Norbert Reich - Intersentia, 2014
This
study focuses on a rapidly developing, but still highly controversial,
area of EU law: the emergence of general principles with constitutional
relevance for EU civil law guiding its interpretation, gap filling, and
legality control. The book brings to light seven principles in the case
law of the Court of Justice of the European Union and in the Charter of
Fundamental Rights. Principles 1, 2, and 3 on framed autonomy,
protection of the weaker party, and non-discrimination are now part of
substantive EU law, mainly contract law. Principle 4 on effectiveness,
together with the principle of equivalence, is an "old acquaintance" of
EU law and has mostly to do with procedures, but can also be extended to
cover substantive and remedial matters. Principles 5 and 6 on balancing
and proportionality are primarily concerned with methodological
questions: the first has to do with judicial interpretation and
application of EU civil law, the second with legal-political questions
on the future of a (questionable) codified or optional EU civil law, in
particular sales law. Finally, Principle 7 on good faith is still an
emerging principle, but is gradually gaining importance. This book will
allow the reader to understand and to assess the current evolution of EU
civil law, in days where its autonomous character is increasingly
recognized in the case law of the Court, and where the Charter is having
a growing impact on its constitutional foundations.
