Green Paper on Policy Options for Progress Towards a European Contract Law for Consumers and Businesses What do we want?

Abstract

Although based on academic background and literature, my answer to the questions posed by the European Commission turns out to be rather political as from my point of view it is impossible to address those questions in a purely technical way. Although there are other, probably more relevant, obstacles to the internal market, I consider that there is enough evidence to assume that different legislation is an obstacle well worth looking at. I begin with the discussion of goals, strictly connected to the scope of application, and move to the debate on formal/informal harmonisation of contract law. As on one side there is not enough evaluation to sustain solidly that harmonisation or unification is better that diversity that meets local preferences, and on the other side liberty, subsidiarity and proportionality claim for parties' freedom to opt for their better solution, I support the view that Member States must be able to maintain their internal law but at the same time must wide the parties' scope of options with the approval of a Regulation on European contract law. In any case, a lot of assessment should still take place.