Přehled o publikaci

One of the fundamental objectives of the EU is the creation of an internal market, which is implemented both through the Union's exclusive competence to lay down the rules of economic competition necessary for the functioning of the internal market and through the competence in the field of the internal market that the Union shares with the Member States. In order to ensure the functioning of the internal market, and in particular in order to establish and secure the internal market across the Member States, the EU adopts measures to approximate the provisions of the laws, regulations and administrative provisions of the Member States, aiming to strike the right balance between achieving a high level of consumer protection and promoting the competitiveness of undertakings. At the turn of the millennium, the Commission initiated the creation of a Common Frame of Reference, which was intended to provide clear definitions of legal concepts, basic principles and coherent model rules of contract law, building on the EC acquis and on the best solutions found in the legal systems of the Member States. However, the situation is currently quite different and, since the implementation of the intention to harmonise the substantive private law of the Member States through the adoption of common rules of contract law, a targeted harmonisation of specific contractual relations has been pursued without reference to the original idea of creating clear definitions of legal concepts, basic principles and coherent model rules of contract law. The departure from the original intention to a targeted harmonisation of specific contractual relations raises the question of whether this approach is sustainable if the Union is to complete the creation of a single internal market.