The Interpretation of European Private Law in the Light of Market Freedoms and EU Fundamental Rights

Abstract

Recent initiatives in the area of European private law seem to rely ever more extensively on very broad, general and vague provisions, in particular the concept of ‘good faith and fair dealing’, a concept already present in the acquis communautaire. These and similarly vague terms will only have an impact if interpreted autonomously and unitarily by a central authority. Despite its cautious approach regarding the assessment of the fairness of contract terms, this task can rest only with the European Court of Justice. This article explores whether and to what extent the four market freedoms regarding the free movement of goods, persons, services and capital, as well as the fundamental rights developed by the Court's jurisprudence, now laid down in the EU Charter on Fundamental Rights, may contribute to the development of an autonomous European method of legal reasoning.