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The Institutional Framework of European Private Law

The Institutional Framework of European Private Law

Author: Fabrizio Cafaggi
Publisher: Oxford University Press
ISBN: 9780199296040
Published In: February 2006
Format: Hardback , 352 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Explores the relationship between constitutional and regulatory questions on one hand, and private law on the other hand

Analyses the influence of regional legal traditions on the development of European private law

Argues for the preservation of national legal identities in the context of European legal and political integration, striking a difficult balance between harmonisation and differentiation.

This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subnational actors together with EU Institutions. It underlines the different roles of legislators, regulators and judges in building an integrated market which is consistent with fundamental rights and social policies. It also highlights the principles and institutions that may preserve national legal identities in the context of European legal and political integration, striking a difficult balance between harmonization and differentiation.

Within this framework the volume questions the current boundaries of European private laws and proposes a coordinated perspective which examines competition, regulation and private law alike. The book focuses in particular on competition and consumer law, and on tort and regulation. Attention is also drawn to the strategic role to be played by private international law. It is argued that the distinction between private and public law should be redefined by acknowledging a new balance between public institutions and private parties.

The collection contains several proposals for furthering the process of Europeanization of private law without losing the richness of existing western legal traditions as they have developed in previous centuries. It calls on European and national institutions to involve practitioners in devising new patterns of legal integration and in transforming European legal education.

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.

Readership: Students and scholars of EU law and integration, as well as EU Constitutional and Administrative Law, Private Law, Conflict of Laws, and EU Consumer, Competition, and Contract Law.

Fabrizio Cafaggi: Introduction
Stephen Weatherill: European Private Law and the Constitutional Dimension
Horatia Muir Watt: Integration and Diversity: the Conflict of Laws as a Regulatory Tool
Walter van Gerven: Bringing (Private) Laws Closer to Each Other at the European Level
Angus Johnston and Hannes Unberath: Law at, to or from the Centre? The European Court of Justice and the Harmonization of Private Law in the European Union
Norbert Reich: Transformation of Contract Law and Civil Justice in the New EU Member Countries
Fabrizio Cafaggi: A Coordinated Approach to Regulation and Civil Liability in European Law: Rethinking Institutional Complementarities
Albertina Albors-Llorens: Consumer Law, Competition Law and the Europeanization of Private Law

Edited by Fabrizio Cafaggi, Professor of Comparative Law, European University Institute, Florence

Contributors:

Fabrizio Cafaggi

Stephen Weatherill

Horatia Muir Watt

Walter van Gerven

Angus Johnston

Hannes Unberath

Norbert Reich

Albertina Albors-Llorens

"..address[es] an aspect which has not featured significantly in the literature on European law so far; the fact that the process by which law is made affects its quality." - Journal of Consumer Policy

"One of the main virtues of this book is to provide the private lawyer...with a broad overview of the institutional background and the consitutional instruments of this process..Cafaggi deals with a very intriguing subject: the comparative role of regulation and civil liability in the management of certain risks...The book..is a valuable source of information for both the student on EPL and the knowledgeable scholar. Specfic consideration is given in every contribution..to European contract law as the forerunner of harmonisation of European national laws." - European Review of Contract Law