The European Court of Justice and General Principles Derived from the Acquis Communautaire
Abstract This article aims to demonstrate and identify principles derived from primary legislation which govern European contract law. This demonstration is based on the consubstantial relationship, rooted in a market-oriented conception of Europe, which exists between principles set up by the Europ...
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| Format: | Article |
| Language: | English |
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Scandinavian University Press
2014-01-01
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| Series: | Oslo Law Review |
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| Online Access: | https://www.idunn.no/oslo_law_review/2014/01/the_european_court_of_justice_and_general_principles_derive |
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| author | Elise Poillot |
| author_facet | Elise Poillot |
| author_sort | Elise Poillot |
| collection | DOAJ |
| description | Abstract
This article aims to demonstrate and identify principles derived from primary legislation which govern European contract law. This demonstration is based on the consubstantial relationship, rooted in a market-oriented conception of Europe, which exists between principles set up by the European Union Treaties and those implicitly contained in secondary legislation. However, the view taken here is that not all ‘primary principles’ are shaped to integrate secondary legislation dealing with contract law. Only proportionality, effectiveness and, to some extent, non-discrimination prove appropriate in the context of contract law. The first part of the article supports the view that these principles have been used to remedy limits in European legislature competences in contract law. Part two takes the view that the principles have been used by the European Court of Justice as a tool of contractual policy making. |
| format | Article |
| id | doaj-art-3e6faebfa5094b17a0bc531d2a39beab |
| institution | Kabale University |
| issn | 2387-3299 |
| language | English |
| publishDate | 2014-01-01 |
| publisher | Scandinavian University Press |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj-art-3e6faebfa5094b17a0bc531d2a39beab2025-08-20T03:49:04ZengScandinavian University PressOslo Law Review2387-32992014-01-011677710.5617/oslaw98018948693The European Court of Justice and General Principles Derived from the Acquis CommunautaireElise PoillotAbstract This article aims to demonstrate and identify principles derived from primary legislation which govern European contract law. This demonstration is based on the consubstantial relationship, rooted in a market-oriented conception of Europe, which exists between principles set up by the European Union Treaties and those implicitly contained in secondary legislation. However, the view taken here is that not all ‘primary principles’ are shaped to integrate secondary legislation dealing with contract law. Only proportionality, effectiveness and, to some extent, non-discrimination prove appropriate in the context of contract law. The first part of the article supports the view that these principles have been used to remedy limits in European legislature competences in contract law. Part two takes the view that the principles have been used by the European Court of Justice as a tool of contractual policy making.https://www.idunn.no/oslo_law_review/2014/01/the_european_court_of_justice_and_general_principles_deriveContract lawEuropean Court of Justiceeffectiveness principleproportionality principlenon-discrimination principleContractlaw |
| spellingShingle | Elise Poillot The European Court of Justice and General Principles Derived from the Acquis Communautaire Oslo Law Review Contract law European Court of Justice effectiveness principle proportionality principle non-discrimination principle Contractlaw |
| title | The European Court of Justice and General Principles Derived from the Acquis Communautaire |
| title_full | The European Court of Justice and General Principles Derived from the Acquis Communautaire |
| title_fullStr | The European Court of Justice and General Principles Derived from the Acquis Communautaire |
| title_full_unstemmed | The European Court of Justice and General Principles Derived from the Acquis Communautaire |
| title_short | The European Court of Justice and General Principles Derived from the Acquis Communautaire |
| title_sort | european court of justice and general principles derived from the acquis communautaire |
| topic | Contract law European Court of Justice effectiveness principle proportionality principle non-discrimination principle Contractlaw |
| url | https://www.idunn.no/oslo_law_review/2014/01/the_european_court_of_justice_and_general_principles_derive |
| work_keys_str_mv | AT elisepoillot theeuropeancourtofjusticeandgeneralprinciplesderivedfromtheacquiscommunautaire AT elisepoillot europeancourtofjusticeandgeneralprinciplesderivedfromtheacquiscommunautaire |