Making European Private Law
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Making European Private Law

Governance Design

9780857930033 Edward Elgar Publishing
Edited by Fabrizio Cafaggi, Professor, Scuola Nazionale dell'Amministrazione, Rome, and Director, Center for Judicial Cooperation, EUI, Florence, Italy and Horatia Muir Watt, Professor of Law, SciencesPo Law School, Paris, France
Publication Date: 2010 ISBN: 978 0 85793 003 3 Extent: 368 pp
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.

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Critical Acclaim
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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.
Critical Acclaim
‘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
Contributors
Contributors: G. Amato, A. Bakardjieva Engelbrekt, F. Cafaggi, H. Collins, K.J. Cseres, M. Freedland, W. Kerber, L. Liebman, H. Muir Watt, T. Prosser, C. Scott, M. Taruffo, H. Van Loon
Contents
Contents:

1. Introduction
Fabrizio Cafaggi and Horatia Muir-Watt

PART I: DIFFERENT FACETS OF MARKET INTEGRATION
2. Multilevel Europe and Private Law
Giuliano Amato

3. Harmonizing Civil Litigation in Europe?
Michele Taruffo

4. European System of Private Laws: An Economic Perspective
Wolfgang Kerber

5. The Impact of EU Enlargement on Private Law Governance in Central and Eastern Europe: The Case of Consumer Protection
Antonina Bakardjieva Engelbrekt

6. Governance Design for European Private Law: Lessons from the Europeanization of Competition Law in Central and Eastern Europe
Katalin J. Cseres

PART II: PRIVATE LAW-MAKING
7. Remarks on the Needs and Methods for Governance in the Field of Private International Law – At the Global and Regional Levels
Hans Van Loon

8. The American Law Institute: A Model for the New Europe?
Lance Liebman

PART III: GOVERNANCE IN EUROPEAN PRIVATE LAW
9. Private Law, Regulation and Governance Design and the Personal Work Contract
Mark Freedland

10. Regulatory Agencies, Regulatory Legitimacy, and European Private Law
Tony Prosser

11. Regulating Private Legislation
Colin Scott

12. Governance Implications for the European Union of the Changing Character of Private Law
Hugh Collins

PART IV: CONCLUSIONS
13. The Making of European Private Law: Governance Design
Fabrizio Cafaggi

Index
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