Private Law in the External Relations of the EU

2016 Law

Author : Marise Cremona
Release : 2016
Genre : Law
Kind : eBook
Book Rating : 560/5 ( reviews)

Book Synopsis Private Law in the External Relations of the EU by : Marise Cremona

Download or read book Private Law in the External Relations of the EU written by Marise Cremona. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: An edited volume exploring the interaction between EU external relations law and private law, examining how the relationship has affected the evolution of the EU's competence, the extent of EU private law's reach beyond the boundaries of an internal market, and how the EU contributes to the formation of private regulation at an international level.

EU Competence in Private Law

2015 Civil law

Author : Rafał Mańko
Release : 2015
Genre : Civil law
Kind : eBook
Book Rating : 482/5 ( reviews)

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Book Synopsis EU Competence in Private Law by : Rafał Mańko

Download or read book EU Competence in Private Law written by Rafał Mańko. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: The notion of private law, as opposed to public law, has a long tradition and is of great importance in most EU Member States. National private law is seen as the constitution of civil society and enjoys a high degree of democratic legitimacy with regard to social justice. However, that distinction is not so important in EU law, where EU legislative competences in any given field of law are limited to those explicitly provided for in the Treaties. There is thus no general EU competence to regulate private law in its entirety, but a number of specific competences addressing selected aspects. The clash between coherent national systems of private law and the EU's functionalist approach leads inevitably to a fragmentation of EU legislation regarding private law. This poses a challenge to the coherence of national systems of private law, with adverse effects not only on consistency, but also transparency and legal security. Of potential options for restoring coherence to private law, the only feasible one is through spontaneous harmonisation. This can occur as a spill-over of EU law rules and principles, through national legislatures and judiciaries. But above all, it is likely to happen through the framing of national and EU private law within a common grid of concepts, principles and rules.

The Involvement of EU Law in Private Law Relationships

2013-03-12 Law

Author : Dorota Leczykiewicz
Release : 2013-03-12
Genre : Law
Kind : eBook
Book Rating : 049/5 ( reviews)

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Book Synopsis The Involvement of EU Law in Private Law Relationships by : Dorota Leczykiewicz

Download or read book The Involvement of EU Law in Private Law Relationships written by Dorota Leczykiewicz. This book was released on 2013-03-12. Available in PDF, EPUB and Kindle. Book excerpt: The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Making European Private Law

2010-01-01 Law

Author : Fabrizio Cafaggi
Release : 2010-01-01
Genre : Law
Kind : eBook
Book Rating : 274/5 ( reviews)

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Book Synopsis Making European Private Law by : Fabrizio Cafaggi

Download or read book Making European Private Law written by Fabrizio Cafaggi. This book was released on 2010-01-01. Available in PDF, EPUB and Kindle. Book excerpt: 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 Question of Competence in the European Union

2014-02-20 Law

Author : Loïc Azoulai
Release : 2014-02-20
Genre : Law
Kind : eBook
Book Rating : 30X/5 ( reviews)

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Book Synopsis The Question of Competence in the European Union by : Loïc Azoulai

Download or read book The Question of Competence in the European Union written by Loïc Azoulai. This book was released on 2014-02-20. Available in PDF, EPUB and Kindle. Book excerpt: The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.

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Private Law in the External Relations of the EU

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