April 28, 2008
In certain areas of law, we need to adopt and apply a basic code of civil law which is common to all Member States. Let us be clear from the start, that we are not proposing to harmonize all the civil law of all the Member States, since much of this law is embedded in the construction and identity of the legal systems of each country. However, we need to standardize the law of contract in order to have an efficient internal market. In particular, we need to standardize the terms used to describe legal principles which are common to all member states but which currently have a different nomenclature. (For example, “good faith and fair dealing”.) The EMI must lobby for the implementation of the recommendations of important past initiatives. (Lando Commission, Trent Group, etc.)
If we do not have a single law which can be applied to contracts between bodies in different Member States, we are forced to resort to international private law which, for the purposes of a modern EU, should be considered obsolete. The famous Bolkestein directive, which constituted a step in this process of harmonisation, has been severely weakened in practise.