Black Lists and Private Autonomy in EU Contract Law
Document Type
Book Chapter
Publication Date
3-2013
Editor(s)
Dorota Leczykiewicz and Stephen Weatherill
ISBN
9781849463300
Publisher
Hart Publishing
Language
en-US
Abstract
The policing of consumer contracts relies mostly on general clauses. EU legislators, however, have occasionally resorted also to ‘black lists’, which displace judicial discretion and identify as void a finite set of contractual terms. Black lists epitomize an unusually high degree of supranational interference with both private autonomy and states’ sovereignty, and are therefore a privileged stand-point for investigating the EU private law project. This essay explores the regulatory, distributive, and discursive ambiguity of black lists, and posits that their normative desirability cannot be assessed without a systemic appraisal of the socio-political dynamics of European integration.
Recommended Citation
Daniela Caruso,
Black Lists and Private Autonomy in EU Contract Law
,
in
The Involvement of EU Law in Private Law Relationships
291
(Dorota Leczykiewicz and Stephen Weatherill ed.,
2013).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/70
