The Regulatory Function of European Private Law

The Regulatory Function of European Private Law

Edited by Fabrizio Cafaggi and Horatia Muir Watt

In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration?

Introduction

Edited by Fabrizio Cafaggi and Horatia Muir Watt

Subjects: law - academic, european law

Extract

1 This volume is designed to take stock and assess the coherence of the diverse regulatory instruments and approaches which, on a European level, have progressively encroached upon the sphere traditionally recognized as the province of private law.2 This analysis operates in the context of a multilevel system, where competences of the EU are often shared with those of member states and appropriate and effective transposition is a key feature of the new architecture.3 New modes of governance are emerging as a complementary or alternative response to legislative harmonization.4 The book inquires into the relationship between these new modes of governance and the regulatory functions of European private law.5 In order to provide as broad a framework as possible, the chapters in this volume provide both a sectoral (environment, product safety and quality, electronic commerce) and a general (all services) perspective, several of them being devoted to the difficult (and often neglected) cross-border dimension of these fields. Shaping relationships between service providers and their customers, between buyers and sellers, producers and users of products, citizens and polluters, with varied forms of economic and social regulation, now largely overshadow the ex post, remedial, market-based arrangements charac- 1 This book is the second of a two-volume project concerning governance and regulation of European private law under NEWGOV, a 6th framework project. We are grateful to the publisher, Edward Elgar for supporting the project and to Nep Elverd and the editors who have contributed to its implementation. We also acknowledge the valuable editorial...