The legal basis for European contract law and the tools to achieve the EU鈥檚 internal market

Abstract

European legal integration can occur within the EU Treaty framework, with the legislation forming part of the European legal order or outside the Treaty framework, and it can be binding only under Public International Law. The significance of forming part of EU law is that it would only be binding in the EU Member States and that the Court of Justice of the European Union (CJEU) would play a role in ensuring the uniformity of interpretation through preliminary rulings. The law would have to pursue a Union objective stated in the Treaty. The author argues that harmonisation and/or unification of substantive private law is difficult to achieve outside the Treaty framework. If EU law and EU Contract law are to achieve their desired effect on the Internal Market, then the legal basis is of paramount importance.