Publisher Description

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

Author Biography

Roger Brownsword is Professor of Law at King's College, London, UK.Hans-W Micklitz is Director of Graduate Studies and Professor of Economic Law at the European University Institute, Florence, Italy.Leone Niglia is Director of the Centre for European Legal Studies and Associate Professor of Law/Reader at the University of Exeter, UK.Stephen Weatherill is Jacques Delors Professor of European Law at the University of Oxford (UK) and a Fellow of Somerville College.

Table of Contents

PART ONE: THEORETICAL FOUNDATIONS1. Editorial IntroductionRoger Brownsword2. 'Restatements' in Europe and the US: Some Comparative LessonsHans Schulte-Nölke3. Dogmatising Non-legislative Codifications: Non-legislative Reference Texts in European Legal DiscourseNils Janse4. If You Don't Like Our Principles We Have Others: On Core Values and Underlying Principles in European Private Law: A Critical Discussion of the New 'Principles' Section in the Draft Common Frame of ReferenceMartijn Hesselink5. The Need for Codified Guiding Principles and Model Rules in European Contract LawBénédicte Fauvarque-Cosson6. Old and New Insights for the Protection of Consumers in European Private Law in the Wake of the Global Economic CrisisBrigitta Lurger7. The Economics of Private Law Harmonised Law-making: Mechanisms, Modes and StandardsFernando Gomez and Juan-José Ganuza8. Of Islands and the Ocean: The Two Rationalities of European Private LawRalf Michaels9. The Theoretical Foundations of European Private Law: A Time to Stand and StareRoger BrownswordPART TWO: POLITICAL FOUNDATIONS10. The Political Foundations of European Private Law: Editorial IntroductionLeone Niglia11. A Transnational Genealogy of Proportionality in Private LawDuncan Kennedy12. Balancing in Private Law and the Imperatives of the Public Interest: National Experiences and (Missed?) European OpportunitiesNorbert Reich13. New Paths of Private LawGuido Alpa14. Political Foundations of European Private Law: Rethinking the East–West Division LinesMarek Safjan and Aneta Wiewiórowska-Domagalska15. The Impact of the Harmonisation of Private Law on the Reform of Civil Law in the New Member StatesPaul Varul16. European Private Law: Political Foundations and Current ChallengesReiner Schulze17. Of Jurisdictional Balancing in European Private LawLeone NigliaPART THREE: MULTI-LEVEL STRUCTURE OF PRIVATE LAW18. The Multi-level Structure of Private Law: Editorial IntroductionStephen Weatherill19. Plurality of Sources in European Private Law, or: How to Live With Legal Diversity?Jan M Smits20. Private Law in a Federal Perspective.Walter van Gerven21. European Private Law: Unification, Harmonisation or Coordination?Kåre Lilleholt22. Top-Down or Bottom-Up? A Look at the Unification of Private Law in Federal SystemsMathias Reimann and Daniel Halberstam23. The Foundations of Private Law in a Multi-level Structure: Balancing, Distribution of Law-making Power and other Constitutional IssuesMatthias E Storme24. A New Role for Private International and Procedural Law in European Integration? A Critical CommentLubos TichýPART FOUR: ENFORCEMENT AND COMPLIANCE25. Enforcement and Compliance: Editorial IntroductionHans-W Micklitz26. A Critical Note on Two EU Principles: A Proceduralist View on the Draft Common Frame of Reference (DCFR)Ianika Tzankova and Martin Gramatikov27. Public and Private Enforcement: The Practical Implications for Policy ArchitectureChristopher Hodges28. The Hybrid Quality of European Private LawHugh Collins29. 'DCFR, Please Meet National Procedure': Enforcing the Frame of Reference using National Procedural LawJohan Lindholm30. Individual Private Enforcement of Consumer Rights in Civil Courts in EuropeMarco Loos31. Enforcement and Compliance: An EU Law PerspectiveJules Stuyck32. From 'Toolbox' to Academic Standard:– The Current and Future Status of the Draft Common Frame of ReferenceEwoud Hondius33. A Need for a New Structure for European Private LawFrydryk Zoll34. Administrative Enforcement of European Private LawHans-W Micklitz

Feature

The papers in this volume represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.The volume takes as its starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies.Written by experts in the field.

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