Making European Private Law
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Making European Private Law

Governance Design

Edited by Fabrizio Cafaggi and Horatia Muir Watt

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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Chapter 6: Governance Design for European Private Law: Lessons from the Europeanization of Competition Law in Central and Eastern Europe

Katalin J. Cseres


Katalin J. Cseres INTRODUCTION The future governance design for European private law takes place in a complex system, composed of various vertical and horizontal layers.1 Perhaps the most obvious dimension in this structure is the interplay between national and European law. However, the multi-level system, which should be the backdrop to such governance design, comprises much more than just legal provisions. The various layers bring forward the relevant economic and social settings of the different national legislations as well as other dimensions of the law such as enforcement and institutional issues and changes over time. The coordination among these layers is a meaningful but surmountable and necessary task in order to achieve a streamlined and rationalized body of law. This chapter will discuss two layers of the multi-level system. One of these layers is competition law. Competition law seems to lack a direct link to the developments of private law; it plays a disciplinarian role in delineating the borderlines of the formulation and application of private law tools. While private law provides the inner rules of private transactions, competition law regulates the ‘external effects’ of contractual agreements. The complements and conflicts between private law and competition law are imperative. An analysis of the interplay between competition law and private law seems, therefore, relevant in discussing the way European private law should be shaped in the future. The other layer of the multi-level structure addressed in this chapter is the legal rules and the socio-economic setting of the new Member States...

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