Expectations for the Final Common Frame of Reference
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Expectations for the Final Common Frame of Reference Diana Wallis
Published online: 14 August 2008 © ERA 2008
1. Introduction The publication of the Academic Draft Common Frame of Reference (DCFR) at the end of 2007 by the members of the Study Group on a European Civil Code and the Acquis Group was undeniably a major event in the field of European Contract Law. There is no doubt that this publication, and the forthcoming publication of the full, annotated version of the DCFR at the end of this year, is in itself is a huge step forward for coherence in the field of contract law and forms the basis for a common conversation amongst European legislators, academics and legal practitioners alike. This achievement is accomplished whatever the final formal and institutional use which might in one way or another be made of this work. The publication of the DCFR also brings with it the need for Europe’s three legislative institutions, Council, Commission and Parliament, to clarify their views on the next steps; particularly concerning the format, content and function of the final Common Frame of Reference (CFR). In a sense, these arguments have already been rehearsed many times, often with a frustrating sense of merely turning in circles. The recent conference in Ljubljana in April 2008, organised by ERA, gave the opportunity for representatives of all three institutions to give an appraisal of the current state of play and therefore some possible perspectives for the future. The Commission must now prepare a proposal on the future content and use of the CFR, and in doing so will have to take account of the Council’s view. Helpfully,
Diana Wallis MEP () Vice President of the European Parliament ASP 10G201, Rue Wiertz 60, 1047 Brussels, Belgium e-mail: [email protected] This article is based on the presentation given by the author at the conference The Draft Common Frame of Reference, organised by ERA in cooperation with the Ministry of Justice of the Republic of Slovenia in the framework of the Slovenian Presidency of the Council of the EU, held in Ljubljana on 28–29 April 2008.
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under the leadership of the Slovenian Presidency the Council has set out its position after the Justice and Home affairs Council on 18 April 2008. The position given following this meeting, and reiterated at Ljubljana, can be summarised as follows: the CFR should be a tool for better law-making comprising a set of non-binding guidelines to be used by the lawmakers at Community level on a voluntary basis as a common source of inspiration or reference. Whilst on one hand this may seem quite a minimalist approach, it is a clear advance on what at times over the last years has seemed like a possible outcome, where the Council would reject the whole project without further ado. What is now apparent is that the CFR does have a future of some kind as a European ‘legislative instrument’. Finally, the European Parliament also intends to add its voice to the debate on the CFR, with a resolution to be debated and voted
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