Advanced Search
MyIDEAS: Login to save this paper or follow this series

The Challenges of Europeanization in the Realm of Private Law: A Plea for a New Legal Discipline

Contents:

Author Info

  • Christian Joerges
Registered author(s):

    Abstract

    The present efforts in Europe to achieve more uniformity in private law and the debates on a European civil code need to be understood in a wider context. Europe is plagued by concerns over its problem-solving potential and its acceptance amongst citizens. The response is ambitious projects. Eastern Enlargment, a Constitution, a Code. The project of a European civil code is the least visible among the three - and yet specifically instructive. The Europeanization of private law is to a large degree about the restructuring of the linkages of private law with its more comprehensively, albeit selectively Europeanized regulatory environment and the manner in which it is embedded in welfare state institutions. Europe has to learn how the openness of national markets can coexist with differences in legal cultures, differently shaped relations between state and 'society'. In its multi-level system of governance none of the established legal disciplines can provide guidance for the denationalization and Europeanization of private law. The Europeanization process needs to be understood and organized as a process of discovery and learning. Only then can Europe can make productive use of its diversity

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.eui.eu/ERPA/LAW/../../PUB/law04-12.pdf
    File Function: Full text
    Download Restriction: no

    Bibliographic Info

    Paper provided by European University Institute (EUI), Department of Law in its series EUI-LAW Working Papers with number 12.

    as in new window
    Length:
    Date of creation: 01 Nov 2004
    Date of revision:
    Handle: RePEc:erp:euilaw:p0010

    Contact details of provider:
    Web page: http://www.eui.eu/LAW/

    Related research

    Keywords: Europeanization; legitimacy; multilevel governance; national autonomy; direct effect; economic law; European citizenship; harmonisation; supremacy;

    This paper has been announced in the following NEP Reports:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as in new window

    Cited by:
    1. Michelle Everson, 2013. "The Constitutional Structures of the National Political Economy: Barrier to or Precondition for European Integration?," Journal of Industry, Competition and Trade, Springer, vol. 13(1), pages 119-128, March.
    2. Cafaggi, Fabrizio & Muir Watt, Horatia, 2007. "The Making of European Private Law: Regulation and Governance design," European Governance Papers (EUROGOV) 2, CONNEX and EUROGOV networks.

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:erp:euilaw:p0010. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.