Abstract:
European private law, as it has been defined in the so-called Common Frame of Reference, reflects the will to build up a private law society based on ordoliberalism and social market economy, that is on the use of competition as political direction tool. This implicates a conflict with European national constitutionalism, considering individuals as carriers of structural social weakness which cannot be balanced through the reinstatement of the mythical capacity for self-determination. Yet, the market is in essence a tool of redistribution of wealth, which is to be regulated in order to give the possibility of accessing resources guaranteed by social rights, and not in order to ensure the survival of the economic order.
Somma, Alessandro, Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National Laws (October 14, 2012). H.-W. Micklitz and F. Cafaggi (eds.), European Private Law after the Common Frame of Reference, Cheltenham etc., 2010, pp. 1-23.
First posted 2012-10-15 06:10:31
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