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Making European Private Law

Governance Design

edited by Fabrizio Cafaggi and Horatia Muir-Watt

Edward Elgar, 2008


F. Cafaggi & H. Muir Watt (eds.), Making European Private LawThe 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 inter-governmental 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.


Table of 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: en 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)


Page last updated on 09 September 2019

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