An Optional Instrument and Social Dumping
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Jacobien W Rutgers
Abstract
In the European Commission's documents on the future of a European contract law freedom of contract is the leading principle of both a CFR and an optional instrument. In this paper, it is argued that an optional instrument as proposed by the European Commission will result in social dumping. However, this result can be prevented, if the leading principle of an optional instrument would require a balance to be struck between freedom of contract and social justice or fairness. If not, it will be relevant to assess to what extent more stringent national mandatory rules can still be applied if parties have selected an optional instrument to govern their contract. In order to do so, first it is considered whether the optional instrument may be regarded as harmonisation, and if so, what type of harmonisation it fits best. Finally, the technique by which an optional instrument may be rendered applicable will be discussed.
© 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
