The Constitutional Momentum of European Contract Law (II): The DCFR and the European constitutional order

Chantal Mak

Abstract


This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Europe’s Constitution is expressed) and on a substantive level (concerning the values encompassed by a ‘lasting constitutional settlement’ for the EU).

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Open Access© 2012 Lider-Lab Scuola Superiore S.Anna
Except where otherwise noted, this work is licensed under a Creative Commons Attribution 3.0 Italy License. This is an Open Access journal.