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The Economics of Harmonizing European Law
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The Economics of Harmonizing European Law

9781840646085 Edward Elgar Publishing
Edited by Alain Marciano, Université de Montpellier 1, France and Jean-Michel Josselin, Professor, University of Rennes 1 and CREM-CNRS, France
Publication Date: 2002 ISBN: 978 1 84064 608 5 Extent: 288 pp
One of the major effects of the continual process of European integration is the growing importance of transnational institutions and the accompanying legal harmonization. Such institutional changes have led to a seemingly irreversible transformation in public decision making, whereby power at the national level is displaced to the European and regional levels. This essential book provides a law and economics analysis of the challenges arising from these shifts in authority.

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One of the major effects of the continual process of European integration is the growing importance of transnational institutions and the accompanying legal harmonization. Such institutional changes have led to a seemingly irreversible transformation in public decision making, whereby power at the national level is displaced to the European and regional levels. This essential book provides a law and economics analysis of the challenges arising from these shifts in authority.

The process of harmonization is investigated from a normative point of view, in order to examine whether a uniform legal framework should be promoted. On the positive side, the goal is to assess the efficiency of this process and its impact on public policies. The authors then turn to applied issues and propose an agenda for future research. The book comprehensively covers both private and public law, as well as applied and theoretical issues. The authors analyse the legal debate from a new political economy perspective, offering diverse and sometimes contrasting views.

The Economics of Harmonizing European Law highlights the debate between competition and harmonization which will be sure to shape the future of Europe. It should be read by students and scholars of law and economics, and European policymakers. It will also provide a valuable reference in the field of law harmonization for law practitioners.
Contributors
Contributors: J.G. Backhaus, J.-B. Calendini, M.G. Faure, B.S. Frey, T. Garcia, N. Garoupa, S. Graziani, S. Harnay, J.-M. Josselin, A. Marciano, A. Neunzig, A. Ogus, X. Peraldi, M. Rombaldi, C. Storaï, D. Schmidtchen, H.-J. Schmidt-Trenz, J.M. Smits, R. Van den Bergh, I. Vigouroux
Contents
Contents

Preface

Introduction: The economics of the constitutional moment in Europe
Jean-Michel Josselin and Alain Marciano

PART ONE COMPETITION AND HARMONIZATION
1 Regulatory competition or harmonization of laws? Guidelines for the European regulator
Roger Van den Bergh

2 How to predict the differences in uniformity between different areas of a future European private law? An evolutionary approach
Jan M. Smits

3 Legal culture as (natural?) monopoly
Anthony Ogus

4 Judicial competition, legal innovation and European integration: an economic analysis
Sophie Harnay and Isabelle Vigouroux

PART TWO HARMONIZATION IN PRACTICE
5 European Union and public utility: a virtuous grouping? Lessons from the reorganization of Corsican external transport
Thierry Garcia and Xavier Peraldi

6 The economics of harmonizing law enforcement
Nuno Garoupa

7 Product liability and product safety in a federal system: economic reflections on the proper role of Europe
Michael G. Faure

8 Vocational qualifications and the European labour market: the challenges and the prospects
Jean-Baptiste Calendini and Christophe Storaï

9 Decentralized interregional cooperation in Europe
Sylvie Graziani and Michel Rombaldi

PART THREE COMPETITIVE DEMOCRACY AND THE FUTURE OF EUROPE
10 A Europe of variety, not harmonization
Bruno S. Frey

11 Enlargement of the European Union and the Approximation of Law: lessons from an economic theory of optimal legal areas
Dieter Schmidtchen, Alexander Neunzig and Hans-Jörg Schmidt-Trenz

12 Legal and economic principles for the common administrative law in Europe
Jürgen G. Backhaus

Index
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