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Vol 21 No 10 Oct/Nov 2016

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Constitutionalization of European Private Law

Edited by: Hans-W. Micklitz

ISBN13: 9780198712107
Published: April 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £63.00



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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment.

The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights.

Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

Subjects:
EU Law
Contents:
1. Introduction
2. On the (In)compatibility of Human Rights Discourse and Private Law
3. The Fifth European Union Freedom: Aggregating Citizenship ... around Private Law
4. European Fundamental Rights, Private Law, and Judicial Governance
5. Constitutionalization and EU Employment Law
6. Fundamental Rights, European Private Law, and Financial Services
7. Intellectual Property and European Fundamental Rights
8. Rights and Remedies: Article 47 EUCFR and Effective Judicial Protection in European Private Law Matters