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The Institutional Framework of European Private Law

Edited by: Fabrizio Cafaggi

ISBN13: 9780199296040
ISBN: 0199296049
Published: February 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £167.50



Despatched in 3 to 5 days.

This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subnational actors together with EU Institutions.

It underlines the different roles of legislators, regulators and judges in building an integrated market which is consistent with fundamental rights and social policies. It also highlights the principles and institutions that may preserve national legal identities in the context of European legal and political integration, striking a difficult balance between harmonization and differentiation.

Within this framework the volume questions the current boundaries of European private laws and proposes a coordinated perspective which examines competition, regulation and private law alike. The book focuses in particular on competition and consumer law, and on tort and regulation. Attention is also drawn to the strategic role to be played by private international law. It is argued that the distinction between private and public law should be redefined by acknowledging a new balance between public institutions and private parties.

The collection contains several proposals for furthering the process of Europeanization of private law without losing the richness of existing western legal traditions as they have developed in previous centuries. It calls on European and national institutions to involve practitioners in devising new patterns of legal integration and in transforming European legal education.

This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.

  • Explores the relationship between constitutional and regulatory questions on one hand, and private law on the other hand
  • Analyses the influence of regional legal traditions on the development of European private law
  • Argues for the preservation of national legal identities in the context of European legal and political integration, striking a difficult balance between harmonisation and differentiation.

Subjects:
EU Law
Contents:
Fabrizio Cafaggi:
Introduction
Stephen Weatherill:
European Private Law and the Constitutional Dimension
Horatia Muir Watt:
Integration and Diversity: the Conflict of Laws as a Regulatory Tool
Walter van Gerven:
Bringing (Private) Laws Closer to Each Other at the European Level
Angus Johnston and Hannes Unberath:
Law at, to or from the Centre? The European Court of Justice and the Harmonization of Private Law in the European Union
Norbert Reich:
Transformation of Contract Law and Civil Justice in the New EU Member Countries
Fabrizio Cafaggi:
A Coordinated Approach to Regulation and Civil Liability in European Law: Rethinking Institutional Complementarities
Albertina Albors-Llorens:
Consumer Law, Competition Law and the Europeanization of Private Law

Series: Collected Courses of the Academy of European Law

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Oxford University Press
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Human Rights in Transition ISBN 9780198901921
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Reframing Human Rights in a Turbulent Era ISBN 9780199246007
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£42.49
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£100.00
Freedom of Religion, Secularism, and Human Rights
Edited by: Nehal Bhuta
ISBN 9780198812067
Published January 2019
Oxford University Press
£86.00
EU Administrative Law 3rd ed ISBN 9780198831655
Published November 2018
Oxford University Press
£66.00
EU Administrative Law 3rd ed ISBN 9780198831648
Published November 2018
Oxford University Press
£132.50
New Technologies and EU Law ISBN 9780198807216
Published June 2017
Oxford University Press
£91.00
The Internal Market as a Legal Concept ISBN 9780198794813
Published January 2017
Oxford University Press
£41.49
The Internal Market as a Legal Concept ISBN 9780198794806
Published January 2017
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£95.00
The Frontiers of Human Rights: Extraterritoriality and its Challenges
Edited by: Nehal Bhuta
ISBN 9780198769279
Published February 2016
Oxford University Press
£107.50
Independence and Legitimacy in the Institutional System of the European Union ISBN 9780198769798
Published February 2016
Oxford University Press
£102.50
Environmental Law Dimensions of Human Rights
Edited by: Ben Boer
ISBN 9780198736141
Published March 2015
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£117.50
Environmental Law Dimensions of Human Rights (eBook)
Edited by: Ben Boer
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Published September 2014
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Human Rights: Between Idealism and Realism 3rd ed ISBN 9780199683734
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£65.00
Human Rights: Between Idealism and Realism 3rd ed ISBN 9780199683727
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£137.50
Constitutionalization of European Private Law ISBN 9780198712107
Published April 2014
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£125.00
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£73.33
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Human Rights and Immigration (eBook) ISBN 9780191004506
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£120.00
The Cultural Dimension of Human Rights (eBook) ISBN 9780191004247
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£87.50
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The Cultural Dimension of Human Rights ISBN 9780199642120
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£125.00
Compliance and the Enforcement of EU Law ISBN 9780199644735
Published March 2012
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£112.50
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£93.75
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Published November 2011
Oxford University Press
£110.00
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Market Integration and Public Services in the European Union ISBN 9780199607730
Published February 2011
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International Humanitarian Law and International Human Rights Law ISBN 9780191001604
Published January 2011
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International Humanitarian Law and International Human Rights Law (eBook) ISBN 9780191018565
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Published September 2009
Oxford University Press
£96.00
Executive Power in the European Union: Law, Practice and Constitutionalism ISBN 9780199264094
Published September 2009
Oxford University Press
£54.00
New Institutions for Human Rights Protection
Edited by: Kevin Boyle
ISBN 9780199570546
Published May 2009
Oxford University Press
£110.00
Environmental Protection: European Law and Governance
Edited by: Joanne Scott
ISBN 9780199565177
Published February 2009
Oxford University Press
£140.00
New Technologies and Human Rights
Edited by: Therese Murphy
ISBN 9780199562572
Published January 2009
Oxford University Press
£107.50
Developments in EU External Relations Law
Edited by: Marise Cremona
ISBN 9780199552894
Published September 2008
Oxford University Press
£140.00
Human Rights, Intervention, and the Use of Force (eBook) ISBN 9780191021787
Published September 2008
Oxford University Press
£33.32
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Human Rights, Intervention, and the Use of Force ISBN 9780199552719
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Oxford University Press
£74.00
Human Rights, Intervention, and the Use of Force ISBN 9780199552726
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£39.99
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Published October 2007
Oxford University Press
£48.33
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Access to Justice as a Human Right ISBN 9780199233090
Published October 2007
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£58.00
The Fundamentals of EU Law Revisted: Assessing the Impact of the Constitutional Debate ISBN 9780199226214
Published March 2007
Oxford University Press
£89.00
The Fundamentals of EU Law Revisted: Assessing the Impact of the Constitutional Debate ISBN 9780199226221
Published March 2007
Oxford University Press
£63.00
Human Rights in Criminal Proceedings ISBN 9780199271207
Published May 2006
Oxford University Press
£102.50
Human Rights Obligations of Non-State Actors (eBook) ISBN 9780191018626
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Oxford University Press
£60.83
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Published March 2006
Oxford University Press
£73.00
EU Law and the Welfare State: In Search of Solidarity ISBN 9780199287413
Published October 2005
Oxford University Press
£48.99
Non-State Actors and Human Rights ISBN 9780199272822
Published July 2005
Oxford University Press
£60.00
Non-State Actors and Human Rights ISBN 9780199272815
Published July 2005
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£107.50
Labour Rights as Human Rights ISBN 9780199281053
Published March 2005
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Human Rights in Criminal Proceedings ISBN 9780198299363
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£225.00
Labour Rights as Human Rights ISBN 9780199281060
Published March 2005
Oxford University Press
£51.00
Europe's Area of Freedom, Security, and Justice
Edited by: Neil Walker
ISBN 9780199274642
Published July 2004
Oxford University Press
£88.00
Europe's Area of Freedom, Security, and Justice
Edited by: Neil Walker
ISBN 9780199274659
Published July 2004
Oxford University Press
£45.99
Accountability in the European Union
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ISBN 9780199245970
Published July 2004
Oxford University Press
£53.00
Accountability in the European Union
Carol HarlowProfessor of Law, London School of Economics and Political Science
ISBN 9780199245932
Published July 2004
Oxford University Press
£68.00
Gender and Human Rights
Edited by: Karen Knop
ISBN 9780199260911
Published June 2004
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£54.00
Good Governance in Europe's Integrated Market ISBN 9780199246083
Published June 2003
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£115.00
Discrimination and Human Rights
ISBN 9780199246038
Published August 2002
Oxford University Press
£63.00
The EU, the WTO and the NAFTA: Towards a Common Law of International Trade ISBN 9780199248124
Published July 2002
Oxford University Press
£41.99
Collected Courses of the Academy of European Law: Vol 9, No.2. Peoples' Rights
ISBN 9780198298755
Published April 2001
Oxford University Press
£107.50
Peoples' Rights
Edited by: Philip Alston
ISBN 9780199243655
Published April 2001
Oxford University Press
£46.99
The European Court of Justice ISBN 9780199246021
Published January 2001
Oxford University Press
£130.00
The EU, the WTO and the NAFTA: Towards a Common Law of International Trade ISBN 9780198298748
Published October 2000
Oxford University Press
£145.00