Tender European Parliament

On behalf of the Centre for the Study of European Contract Law, prof. dr. M.W. Hesselink advises the European Parliament.

The European Parliament asks for advice about different aspects of the European contract law, in particular the revision of the acquis communautaire in the field of consumer law. In this way the Parliament wishes to refine her position with respect to the preparation of a Common Frame of Reference for the European Contract law by the European Commission.

Advice will be given through briefing notes, background notes and short studies.

Ad hoc briefing paper 'An optional instrument on EU contract law'

On 27 October 2010 Martijn Hesselink presented in Brussels his ad hoc briefing paper An optional instrument on EU contract law: could it increase legal certainty and foster cross-border trade? (see attachment) at the European Parliament's workshop on an optional instrument for contract law.

ABSTRACT

It seems likely that an optional instrument on European contract law could have some positive impact on cross-border trade, although its size remains very difficult to estimate. Whether an optional instrument will increase legal certainty depends on the degree to which the European legislator will succeed in making some very clear and transparent choices concerning scope, gap filling, mandatory rules, the modalities of opting in and the legal basis of the instrument.

Short study 'How the CFR can improve the Consumer Rights Directive'

On 10 November 2009 prof. dr. Martijn W. Hesselink and dr. Chantal Mak have presented the short study How the CFR can improve the Consumer Rights Directive. A comparison between the provisions of the draft Common Frame of Reference and the European Commission's proposal for a Consumer Rights Directive at the Legal Affairs Committee meeting. The short study has been written by Prof. M.W. Hesselink, dr. C. Mak and mr. T.Q. de Booys.

ABSTRACT

This study provides an in-depth and detailed comparison between the draft Common Frame of Reference and the Commission's proposal for a Consumer Rights Directive. Furthermore, it identifies those provisions of the CFR which could be used when amending the Proposal for a Consumer Rights Directive in the framework of the legislative procedure. In this regard, the study suggests some amendments based on the CFR. A correlation table between the provisions of the CFR and the provisions of the proposed Consumer Rights Directive is provided in the annex of the study.

Background note 'EC Legislation on Contract Law', April 2009

The background note EC Legislation on Contract Law (April 2009, written by prof. M.W. Hesselink and mr. T.Q. de Booys) is a chapter in a handbook on EU law which has been addressed to the newly elected Members of the European Parliament.

The note sums up the current EU legislation in the field of contract law. It identifies and lists all pieces of EU legislation containing important provisions having an impact on national contract law. Also the note highlights the position of the European parliament expressed both in the legislative procedures leading to the adoption of EU legislation on contract law and in its political resolutions (INI resolutions). Finally, it indicates the perspectives of future development of EU legislation and policy in contract law, mentioning and briefly explaining the projects of comprehensive harmonisation, which are under discussion in the EU institutions.

IMCO Committee Expert Hearing on the Consumer Rights Directive, 2 March 2009

On 2 March 2009 prof. dr. Martijn W. Hesselink presented his briefing note The Consumer Rights Directive and the CFR: two worlds apart? at the IMCO Committee Expert Hearing on the Consumer Rights Directive.

ABSTRACT

When I read the invitation to participate in a European Parliament hearing on the Commission's proposal for a consumer rights directive and to prepare a briefing note on ‘the linkage between the DCFR and the consumer rights directive', my first reaction was: what linkage? Is there any?The Commission's proposal for a directive on consumer rights, as it was published at the end of 2008, does not contain a single reference, be it in its preliminary recitals or in the Commission's explanatory memorandum, to the draft Common Frame of Reference that was published almost a year earlier. This is quite astonishing in light of the fact that the whole purpose of the Common Frame of Reference was meant to be that it could serve as a toolbox for the
Commission when revising the acquis communautaire in the area of contract law. This briefing
note analyses the gap between these two instruments and its implications.

Commissioner Kuneva's speech 2 March 2009

Commissioner Kuneva's speech at the IMCO Committee Expert Hearing on the Consumer Rights Directive (see attachment).

Short study 'The Values underlying the Draft Common Frame of Reference' and presentation 04-11-2008

In September 2008 Prof. Martijn Hesselink's short study The Values underlying the Draft Common Frame of Reference: what Role for Fairness and "Social Justice"? has been published by the European Parliament.

On 4 November 2008 he has presented this publication in the European Parliament, Committee Legal Affairs - Internal Market and Consumer Protection.

The short study can be found in the link below.

Short study 'The legal basis for an Optional Instrument on ECL' and presentation 26-02-2008

In February 2008 the short study written by Prof. Martijn Hesselink together with Ms. Dr. J.W. Rutgers and Mr T. de Booys The legal basis for an Optional Instrument on European Contract Law has been published by the European Parliament.

On 26 February 2008 he has presented this publication in the Euopean Parliament. The short study, as well as the powerpoint presentation can be found in the links below.

Background note 'SME's in European Contract Law' and presentation 26-06-2007

In June 2007 Prof. Martijn Hesselink's background note SME's in European Contract Law  has been published by the European Parliament.

On 26 June 2007 he has presented this publication during the Workshop of the Committee on legal Affairs of the European Parliament.

The background note as well as the powerpoint presentation can be found in the links below.