Black Lists and Private Autonomy in EU Contract Law
Dorota Leczykiewicz and Stephen Weatherill
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.
Black Lists and Private Autonomy in EU Contract Law,
The Involvement of EU Law in Private Law Relationships
Available at: https://scholarship.law.bu.edu/faculty_scholarship/70