The Institutional Framework Of European Private Law
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The Institutional Framework of European Private Law by Fabrizio Cafaggi Pdf
This edited collection of essays examines aspects of European private law. It looks at the conflicts between private laws in various fields, and different approaches to regulating and harmonizing European private law. This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.
Making European Private Law by Fabrizio Cafaggi,Horatia Muir Watt Pdf
This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.
The Foundations of European Private Law by Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill Pdf
There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
The Regulatory Function of European Private Law by Fabrizio Cafaggi,Horatia Muir Watt Pdf
In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.
Private Law in the External Relations of the EU by Marise Cremona,Hans-W Micklitz Pdf
Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.
The Making of European Private Law by J. M. Smits Pdf
The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
European Private Law After the Common Frame of Reference by Hans W. Micklitz,Fabrizio Cafaggi Pdf
The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.
Author : Gian Antonio Benacchio,Barbara Pasa Publisher : Central European University Press Page : 324 pages File Size : 40,6 Mb Release : 2005-01-01 Category : Law ISBN : 9789637326349
A Common Law for Europe by Gian Antonio Benacchio,Barbara Pasa Pdf
The first of a series on European Union Law, it provides a detailed overview of the development of a new European Common Law. The authors deal with the transposition of concepts and the problem of translation. Each chapter is accompanied by a bibliography in Italian as well as in English, French and German suggesting further reading in each area.
The Development of European Private Law in a Multilevel Legal Order by Esther van Schagen Pdf
Using insights from multilevel governance and pluralism, this book provides an in-depth analysis of the development of European private law in the Dutch and German legal order. The book focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law. On the one hand, the discourse on multilevel governance draws attention to the possibility that problems may arise if interdependent actors do not sufficiently interact. This may be the case in European private law, where national and European legislators and courts have become increasingly interdependent on one another in ensuring that European private law develops predictably, consistently, accessibly, and responsively. The book analyzes the development of European private law by national and European state actors through codifications, blanket clauses, soft laws and general principles in the light of interdependence. In addition, non-state actors have played an increasingly important role in developing binding rules in European private law. This development necessitates more interaction between actors, and more attention for the potentially binding effect of privately developed rules on third parties' rights. The book accordingly develops a normative framework to determine the extent to which private actors should be able to develop binding rules, based on principles of democracy, private autonomy, and concerns for hetero-determination. On the other hand, pluralism perspectives advocate the development of European private law at different levels and jurisdictions in the light of responsiveness, regulatory competition, and opportunities for mutual learning. The book explores whether these benefits have materialized in the development of European private law, drawing attention to failed and successful instances of regulatory competition and mutual learning, and resulting innovations. The book sketches new governance techniques that may help interdependent actors take into account one another's initiatives and benefit from each other's insights, although they may also entail hetero-determination. (Series: Ius Commune Europaeum, Vol. 144) Subject: European Law, Private Law]
Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law Publisher : sellier. european law publ. Page : 406 pages File Size : 46,9 Mb Release : 2008 Category : Civil law ISBN : 9783866530591
Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
New Directions in European Private Law by Anonim Pdf
This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
The Changing Role of the European Council in the Institutional Framework of the European Union by Frederic Eggermont Pdf
In this book - intended for everyone interested in EU decision making - two main research questions will be answered. Firstly, what is the relationship between the European Council and the other EU institutions? Secondly, what are the various roles of the European Council in the EU decision-making process? The results of this research will show that European Council conclusions have been used extensively in this decision-making process, and this has increased considerably over time. Based on the analysis of European Council conclusions and legal texts a typology is created to provide an orderly picture of the European Council's various roles, such as the European Council as a political initiator, as an interpreter of the Treaties and as an appeals council.
The Making of European Private Law by Horatia Muir Watt,Fabrizio Cafaggi Pdf
The current debate on the desirability and modes of formation of EPL ("EPL") is engaging a wide number of scholars and institutions. Current work concerns the search for a common core of EPL, the rationalisation of the acquis communautaire, the design of a European Civil Code. These ongoing projects raise at least two related questions concerning the challenges to Europeanisation of private law: First, what is the often implicit definition of private law standing behind the debate about the creation of EPL? Second, does the process of creation of EPL need some type of governance structure? In this paper, we thus intend to contribute to a better understanding of these two dimensions of the debate. First, we wish to highlight the internal transformation of private law and its increasing regulatory function to be considered in governance design. If we take into consideration the internal transformation of private law and its increasing regulatory function in addition to the role of private law in regulated sectors, we witness several phenomena that require consideration in the governance design, such as the change of private law sources, and the procedural nature of Europeanisation. Within this framework it is important to identify the interplay between EPL and private international law. The role of private international law ("PIL") as a vehicle to ensure choice of rules for private parties might change quite considerably depending on the choices concerning private law rules, in particular whether there is harmonisation and which kind of private law rules are adopted. The role of PIL may also depend on the level at which rules are produced. Second, we address the issue of the appropriate governance structure. In other words, does EPL need a governance structure that will accompany its formation, consolidation and changes? More on the point, Is there a link between the governance design and the definition of EPL?
The Institutional Framework of the European Communities by David Freestone,Scott Davidson Pdf
After more than a decade of British membership of the European Community, there is still a widespread lack of appreciation of what goes on within the Community institutions, and of its significance for UK political and legal processes. This book aims to provide a concise introduction to the institutions and law-making processes of the Community, and to set them im their proper perspective as part of UK public law. The prime focus is upon the Community institutions and their inter-relations, however, reference is also made as appropriate to the effects which Community decision-making has on Westminster and Whitehall and in the English courts. In particular, the book examines the sources of Community law, the organisation and composition of the main institutions after the accession of Portugal and Spain, and the decision-making processes involved in the enactment of the Community's legislation. There are also chapters on the budgetary process and on the role of the European Court of Justice. Despite the UK emphasis some comparative material is used to put the UK approach into perspective. To enhance its value to readers cominig to the subject for the first time, the book also contains the text of selected articles of the Treaty of Rome.
