The Role of the Principle Fraus Omnia Corrumpit in the European Union: A Possible Evolution Towards a General Principle of Law?

Summary:

Although the principle fraus omnia corrumpit has its most ancient roots in the private legal orders of the Member States, the application of that principle has progressively been extended. Also in the law of the European Union this principle has been developed, principally in the case-law of the European Court of Justice (ECJ).

This article aims to define the precise role of the principle fraus omnia corrumpit in European Union law. More specifically, the central question to be examined is whether this principle might evolve towards a general principle of Union law. The article clarifies the concept of a general principle of Union law. It analyses how a common principle of fraus omnia corrumpit has been recognized in core legal orders of the Member States.