European Contract Law and the Charter of Fundamental Rights
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. Included essays 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. (Series: European Contract Law and Theory,
Vol. 2) [Subject: European Law, Contract Law, Commercial Law]