Fundamental Rights in the DCFR

Abstract

The development of a 'Common Frame of Reference for European contract law' coincides with the search for a 'lasting constitutional settlement' within the European Union. This paper analyses the CFR drafted by a group of academic experts (DCFR) from a constitutional perspective, paying particular attention to the impact that fundamental rights may have on the application of its general clauses ('good faith', 'reasonableness'). It is submitted that, although the constitutionalisation of the DCFR has not yet been completed, the document does deserve admiration for the explicit manner in which it recognises the relation between contract law and constitutional law. It thus presents an excellent framework for elaborating the debate on both a European Civil Code and a European Constitution.

Keywords: European contract law, constitutionalisation, fundamental rights, Draft Common Frame of Reference