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Monday 22 October 2007

One European civil code?

Read this and wonder if all of the following is being done as a dry academic exercise or in preparation for something else. "More than 150 law researchers from across Europe are drawing up a so-called 'Draft Common Frame of Reference' which will consist of legal articles related to the exchange of goods and services - for example on leasing, damage, the right to withdraw from contracts and unjustified enrichment. The articles will seek to describe what is the common core of European private law (in this case, mainly contract law), the bulk of which is currently covered by the 27 EU member"

"Mr Von Bar stresses that at the moment, the draft framework remains a purely academic exercise which has no legal or political status in the EU. "We as academic researchers are developing the technique - but it fully depends on a political decision of the European Commission, the [EU] Council and the European Parliament if in the end, the Common Frame of Reference will be adopted as an EU instrument", he said."
Hmm...

"The commission - which has funded the project to the tune of €4.3 million through its research budget – publicly takes an extremely cautious line on the issue."
cautious for the moment, don't want to scare any of the electorates before everything is signed and sealed.


"the European Parliament has less taboos about the similarities between the planned Common Frame of Reference - draft articles of which can already be found online - and a European Civil Code. A parliament resolution adopted in March 2006 said "Even though the Commission denies that this is its objective, it is clear that many of the researchers and stakeholders working on the project believe that the ultimate long-term outcome will be a European code of obligations or even a full-blown European Civil Code."


"If ever adopted in the future, an EU civil code could be based on the Common Frame of Reference blueprint. It would harmonise member states' contract law, as well as other legal areas which do not strictly fall under contract law such as tort law."
Step One...

"It is however not expected to include the most sensitive parts of national civil law systems - notably family law and inheritance law."
Not immediately...

"A European civil code could replace domestic civil law codes or - what is more likely - exist alongside national systems as an "optional" scheme."
Alongside initially and then to replace national law. Why do so few people realise what the end game is? Read my article about Altiero Spinelli for more on this.

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