Social Justice and the Market in European Contract Law
-
Alessandro Somma
Abstract
European contract law must be developed along lines which are different from those proposed by free market enthusiasts. To this end, it must be based upon the principles enshrined in national constitutions and developed by national courts, in accordance with various technical expedients, but which are all the natural consequence of one political design: to have courts acting as a counterweight in situations where contracting parties are structurally weak. The contract law model contained in the European Constitution is quite different from this. It is based upon the ordoliberal principle of social market economy, which permits contractual freedom only in so far as it contributes to the stability of markets. To devise contract law in line with the doctrines enunciated by national courts does not entail opposition to the market: it merely requires markets to function according to different principles than those currently valued at EC-level, such as those which involve promoting social dialogue as a means for re-examining the current economic model.
© Walter de Gruyter
Articles in the same Issue
- Introduction
- The Constitutional Competence of the EU to Deliver Social Justice
- Social Justice, Constitutional Principles and Protection of the Weaker Contractual Party
- The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice
- Social Justice and the Market in European Contract Law
- An Optional Instrument and Social Dumping
- The Alchemy of Deriving General Principles of Contract Law from European Legislation: In Search of the Philosopher's Stone
- The Eye of the Storm: on the Case for Harmonising Principles of Damages as a Remedy in Contract Law
- Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
- The Old and the New Limits to Freedom of Contract in Europe
- Social Justice and European Identity in European Contract Law
- ECJ – CaixaBank France
- European Community Legislation and Actions
- The European Commission's Common Frame of Reference Project: a progress report
- Other News
Articles in the same Issue
- Introduction
- The Constitutional Competence of the EU to Deliver Social Justice
- Social Justice, Constitutional Principles and Protection of the Weaker Contractual Party
- The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice
- Social Justice and the Market in European Contract Law
- An Optional Instrument and Social Dumping
- The Alchemy of Deriving General Principles of Contract Law from European Legislation: In Search of the Philosopher's Stone
- The Eye of the Storm: on the Case for Harmonising Principles of Damages as a Remedy in Contract Law
- Abuse of Dominant Position: A System of Undistorted Competition or Social Protection?
- The Old and the New Limits to Freedom of Contract in Europe
- Social Justice and European Identity in European Contract Law
- ECJ – CaixaBank France
- European Community Legislation and Actions
- The European Commission's Common Frame of Reference Project: a progress report
- Other News
