Who does What? On the Allocation of Regulatory Competences in European Private Law

There is an increasing debate on the way in which the EU has developed and what it must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.
Editor(s):
Bram Akkermans, Jaap Hage, Nicole Kornet, Jan M. Smits
Series:
Ius Commune Europaeum
Volume:
137
book | published | 1st edition
May 2015 | xiv + 316 pp.

Paperback
€70.-


ISBN 9781780683256


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Details

As the European Union (EU) matures, there is an increasing debate, partly fuelled by fierce national criticism offered by Eurosceptic politicians, partly initiated by the EU institutions themselves, on the way in which the EU has developed and what the EU must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.

In 2011, the Maastricht European Private Law Institute (M-EPLI) was founded. M-EPLI researchers combine European Private Law scholarship in the fields of contract, property, commercial and procedural law as well as legal theory. In this book M-EPLI fellows present perspectives on the allocation of competences in European Private Law. This includes both general perspectives and criteria on the basis of which to decide who does what in European Private Law, but also specific perspectives relating to the various fields M-EPLI’s researchers cover. All contributions share a common approach in which each author or team of authors addresses the same two questions: (i) What are the criteria to decide upon the ideal design of their field of law for the EU?; (ii) Who should set the rules: what is in the author(s) view the optimal mix of national and European producers of legal norms?

Chapters

Table of Contents (p. 0)

WHO DOES WHAT IN EUROPEAN PRIVATE LAW? AN INTRODUCTION (p. 1)

PART I: GENERAL PERSPECTIVES

THE JUSTIFICATION OF VALUE JUDGMENTS. THEORETICAL FOUNDATIONS FOR ARGUMENTS ABOUT THE BEST LEVEL TO REGULATE EUROPEAN PRIVATE LAW (p. 13)

WHO DOES WHAT? ON THE DISTRIBUTION OF COMPETENCES AMONG THE EUROPEAN UNION AND THE MEMBER STATES (p. 57)

ON WHICH LEVEL SHOULD PRIVATE LAW IN EUROPE BE CREATED? (p. 73)

PART II: SPECIFIC PERSPECTIVES

WHO DOES WHAT IN CONSUMER LAW: A SEARCH FOR CRITERIA FOR CENTRALIZED LAWMAKING (p. 95)

WHO DOES WHAT IN COMMERCIAL LAW? THE CASE FOR A MULTI-LEVEL & MULTI-ACTOR APPROACH TO REGULATING COMMERCIAL TRANSACTIONS (p. 125)

EUROPEAN UNION CONSTITUTIONAL PROPERTY LAW: SEARCHING FOR FOUNDATIONS FOR THE ALLOCATION OF REGULATORY COMPETENCES (p. 177)

CASE STUDY: HARMONIZING SECURITY RIGHTS (p. 211)

WHO DOES WHAT IN COMPETITION LAW: HARMONIZING THE RULES ON DAMAGES FOR INFRINGEMENTS OF THE EU COMPETITION RULES? (p. 245)

WHO DOES WHAT? ENVIRONMENTAL LIABILITY IN THE EU (p. 289)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


More about this series