The process of European
integration has resulted in a considerable increase in the complexity of the interplay
between fundamental rights and private law. The topic is no longer limited to the
question of determining the relationship between private law and fundamental rights
enshrined in national Constitutions. Today, the legal landscape within the EU is
marked by a multi-level system in which different sources of fundamental rights –
national, supranational and international – have an influence on the application and
interpretation of private law rules. Although the different systems of fundamental
rights show many commonalities, a closer analysis reveals differences both with
regard to the scope of protection and the justification of restrictions. Notable examples
are the differing concept of ‘family life’ under the ECHR and Member State
constitutions,1 the relationship between freedom of press and protection of privacy,2
as well as different readings of the principle of non-discrimination on grounds of age
which is now enshrined in Article 21(1) EU Charter of Fundamental Rights.3 In order
to assess the impact of fundamental rights on Member State private law systems it is
necessary, in a first step, to provide an overview of the different sources that are taken
into consideration by courts in civil proceedings.
1