Theory and Practice of Harmonisation
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Theory and Practice of Harmonisation

Edited by Mads Andenas and Camilla Baasch Andersen

Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation.
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Chapter 24: The Acquis Principles: An Insider’s Critical Reflections on the Drafting Process

Christian Twigg-Flesner


* Christian Twigg-Flesner1 INTRODUCTION The theme of this book is the theory and practice of harmonisation, with this contribution focusing primarily on the latter. Its purpose is to consider the work of the Acquis Group and its output, the Principles of Existing EC Contract Law, better known as the Acquis Principles (abbreviated to ACQP).2 The ACQP have a dual purpose: on the one hand, they are intended to survey and re-state the body of contract law rules which have already been adopted through EU legislation; on the other, they are supplying provisions for the Draft Common Frame of Reference (DCFR), which, in turn, could be used to consolidate and make more coherent EU legislation in this field. This contribution is intended to be a critical reflection on the process of drafting the ACQP, from the perspective of one member of the Acquis Group involved in both the drafting of particular provisions, as well as the compilation of individual provisions to form the ACQP. It will begin by setting the overall context within which the ACQP have been drafted, followed by a more detailed examination of the drafting process itself. There will be a discussion of the challenges associated with the insertion of the ACQP into the DCFR. It will be argued that the conflation of two separate projects has resulted in methodological shortcomings which, with the benefit of more time, could have been avoided. * Editor’s note: This contribution has been affected by rapid developments in the field, see the Preface...

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