Description:
<jats:p>This paper explores the horizontal effect of European constitutional rights, freedoms and principles as an alternative method of harmonisation based on case-law convergence. The feasibility and the appeal of this method are illustrated with specific reference to the case of unfair suretyships. A comparison of the existing national instruments protecting vulnerable sureties from disproportionate obligations enables us to detect spontaneous convergences and ?cryptotypes?, but also dramatically different levels of protection. This paper argues that to give equally effective protection to sureties? (and lenders?) fundamental rights in all Member States, a new system of judicial harmonisation would be necessary.</jats:p>