EU Court of Justice and Private Law: Uncertainty, General Principles and Architecture of European Legal System

Abstract

Jürgen Basedow - Professor, University of Hamburg, Director of Max-Planck-Instituts für ausländisches und internationales Privatrecht, LLD
Adress: Mittelweg 187, 20148 Hamburg  

The article studies the role of the EU Court in terms of the growing role of private law in the EU law, the evolution of reference procedure, concerning private law and the fragmentary nature of the EU private law legislation. Currently, the EU court practice is characterized with uncertainty and incompliance (as shown by some examples relating to the Brussels Convention) as to the issues of review for unfair conditions of consumer contracts and compensation of non-material damage. The necessity for general principles of the European private law can be to some extent satisfied with the Principles of European Contract Law and the Common Frame of Reference (CFR). These documents give an opportunity to make more principal decisions as recommended by the EU Court. Additionally, the article raises a question if the EU Court is an adequate judicial body to settle private law disputes in the union with 500 million people population. Though the practice of making up judicial chambers from among the judges of different member states should be kept, a certain decentralization at the level of the General Court, that is the former Court of First Instance is recommended.