The Enforcement of EC Law in Contractual Relations: Case Studies in How Not to ‘Constitutionalise’ Private Law’

Schepel, Harm (2004) The Enforcement of EC Law in Contractual Relations: Case Studies in How Not to ‘Constitutionalise’ Private Law’. European Review of Private Law, 12 (5). pp. 661-675. ISSN 0928-9801. (Access to this publication is restricted)

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Abstract

In two very different contexts, the ECJ has effectively held that national private law is to be set aside where it impedes the effectiveness of certain EC law values. This article analyses these instances in order to try and make sense of the concept of the European ‘constitutionalization’ of private law. It argues, on the one hand, that EC law values should only be imposed upon national private law where they can be translated into subjective rights and, on the other, that the application of EC law provisions on private parties should be limited to cases where these can reasonably be said to carry responsibility for the implementation of those provisions. To enforce EC law in contractual relations beyond these limits not only leads to fragmentation and uncertainty but also, it is submitted, defeats the purpose of enhancing the effectiveness of EC law.

Item Type: Article
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Harm Schepel
Date Deposited: 19 Dec 2007 19:13
Last Modified: 22 Nov 2012 12:20
Resource URI: http://kar.kent.ac.uk/id/eprint/1793 (The current URI for this page, for reference purposes)
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