Constitutionalization of European Private Law

Constitutionalization of European Private Law
Author: Hans-W. Micklitz
Publisher: Oxford University Press, USA
Total Pages: 289
Release: 2014
Genre: Law
ISBN: 0198712103

One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.

The Politics of Justice in European Private Law

The Politics of Justice in European Private Law
Author: Hans-W Micklitz
Publisher: Cambridge University Press
Total Pages: 489
Release: 2018-11-15
Genre: Law
ISBN: 1108424120

Compares national concepts of social justice with the developing European concept of access justice.

The Law of Political Economy

The Law of Political Economy
Author: Poul F. Kjaer
Publisher: Cambridge University Press
Total Pages: 423
Release: 2020-04-23
Genre: Law
ISBN: 1108493114

"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

The Many Concepts of Social Justice in European Private Law

The Many Concepts of Social Justice in European Private Law
Author: H. W. Micklitz
Publisher: Edward Elgar Publishing
Total Pages: 489
Release: 2011-11-01
Genre: Law
ISBN: 0857935895

'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.

The Transformation of Europe

The Transformation of Europe
Author: Miguel Poiares Maduro
Publisher: Cambridge University Press
Total Pages: 383
Release: 2017-09-28
Genre: Law
ISBN: 1107157943

This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.

Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
Total Pages: 406
Release: 2008
Genre: Civil law
ISBN: 3866530595

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Eurolegalism

Eurolegalism
Author: R. Daniel Kelemen
Publisher: Harvard University Press
Total Pages: 379
Release: 2011-04
Genre: Law
ISBN: 0674046943

Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

New Private Law Theory

New Private Law Theory
Author: Stefan Grundmann
Publisher: Cambridge University Press
Total Pages: 553
Release: 2021-03-18
Genre: Law
ISBN: 1108486509

New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

The Transformation of Administrative Law in Europe

The Transformation of Administrative Law in Europe
Author: Matthias Ruffert
Publisher: sellier. european law publ.
Total Pages: 335
Release: 2007
Genre: Administrative law
ISBN: 3935808917

"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.