Open AccessThe Impact of EU Law on Private Law - some thoughts on the impact of the non-discrimination principle on private autonomy
Author(s) -
Norbert Reich
Publication year - 2013
Publication title -
revista direitos humanos fundamentais
Language(s) - English
Resource type - Journals
ISSN - 2358-9949
DOI - 10.36751/rdh.v13i1.804
Subject(s) - autonomy , private law , law , member states , charter , public law , common law , political science , municipal law , choice of law , commercial law , law and economics , dimension (graph theory) , conflict of laws , economics , european union , international trade , mathematics , pure mathematics
The paper discusses a new dimension of EU law, namely its impact on private law based on the principle of non-discrimination, thus deliberately going beyond concepts of autonomy and freedom of contract as recognised in all Member States and by the EU itself. Article 21 of the EU Charter of Fundamental Rights has constitutionalised this principle which originally found recognition in several EU directives on employment and consumer law analysed in this paper with a special regard to the growing case-law of the Court of Justice of the EU (ECJ).