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 9: Private Law, Regulation and Governance Design and the Personal Work Contract

Mark Freedland


Mark Freedland 1. INTRODUCTION In this Introduction, I firstly identify the main questions which seem to me to be at stake in the present project, and secondly suggest ways in which a focus upon the law of personal work contracts may be useful in pursuing those questions. In short it will be suggested that the law of personal work contracts provides a useful focus both because, on the one hand, it is a category which cuts across those of European Private Law and of Regulation, casting useful doubt on the integrity of those categories, and because, on the other hand, it is an area of law which is highly political, so that a focus upon this area illuminates an underlyingly political aspect of the whole discussion with which the project is concerned. The main questions which this project seems to me to present are these: 1. What is the significance of the current initiatives towards the development or harmonisation of European Private Law as a conceptual and practical category? What are the implications of thinking of European Private Law as a species of Regulation or regulatory activity? What governance mechanisms are most appropriate for the benign or effective development of European Private Law? 2. 3. In order to show more specifically how a concentration upon the law of personal work contracts usefully focuses discussion of those questions, it is important to explain the nature of this category. The category is one which I am seeking to develop;1 it begins...

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