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The Constitutionalization of European Private Law: Gateways, Constraints, and Challenges

Gateways, Constraints, and Challenges
Authors: Cherednychenko, O.O.; Reich, Norbert;

The Constitutionalization of European Private Law: Gateways, Constraints, and Challenges

Abstract

Abstract: It seems to be undisputed today that the harmonization of private law in Europe cannot take place without taking fundamental rights into account. Yet many questions still exist as to how and to what extent EU and national private law can and should be influenced by fundamental rights enshrined in the EU Charter of Fundamental Rights. This contribution aims to explore gateways to the EU constitutionalization of private law, constraints thereon, and challenges posed thereby, with a particular focus on contract law in the consumer, employment, and financial services context. After a methodological introduction explaining the special nature of the fundamental rights protection in the EU legal order (s. 1), the authors develop a general framework within which the EU constitutionalization of private law takes place (s. 2). Subsequently, they proceed to examine the fundamental rights scrutiny of EU law and national laws within the scope of EU law (s. 3), the interpretation and application of EU law and national law within its scope in conformity with fundamental rights (s. 4), as well as the controversial concepts of the positive obligations to protect fundamental rights in private relationships (s. 5) and the direct horizontal effect of fundamental rights (s. 6). The contribution concludes with some final observations (s. 7).

Country
Netherlands
Related Organizations
Keywords

fundamental rights, constitutionalization of private law, EU Charter of fundamental rights, European private law

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
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