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The Emergence of EU Contract LawExploring Europeanization$
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Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

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The Emergence of EU Contract Law

The Emergence of EU Contract Law

(p.31) 2 The Emergence of EU Contract Law
The Emergence of EU Contract Law

Lucinda Miller

Oxford University Press

This chapter explores the early stages of the EU’s involvement in contract law and is most particularly concerned with examining the sector-specific programme of consumer contract law directives. In this respect, the internal market foundations of the positive harmonisation measures are especially highlighted. In addition, although perhaps not as visible as the legislative programme, the ECJ has made an imprint on this area of law (negative harmonisation) and the chapter analyses the judicial contribution to the development of a European contract law. The chapter also scrutinises the EU’s competence to act in consumer contract law and assesses the constitutional legitimacy of using the EU treaty’s internal market foundations for legislative measures. It reveals that the relationship between market-making and contract law might be more fragile than is normally assumed.

Keywords:   positive harmonisation, negative harmonisation, consumer contract law, directive, competence, EU treaty, constitutional legitimacy, internal market

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