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The Constitutional Momentum of European Contract Law (II): The DCFR and the European Constitutional OrderChantal MakUniversity of Amsterdam - Centre for the Study of European Contract Law (CSECL); University of Amsterdam - Faculty of Law September, 22 2009 Opinio Juris in Comparatione, Vol. 2/2009, Paper No. 3 Abstract: This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Europe’s Constitution is expressed) and on a substantive level (concerning the values encompassed by a ‘lasting constitutional settlement’ for the EU).
Number of Pages in PDF File: 9 Keywords: DCFR, codification, fundamental rights, constitutionalisation of contract law JEL Classification: K12 Accepted Paper SeriesDate posted: October 5, 2009Suggested Citation |
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