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Vol 21 No 8 Aug/Sept 2016

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Colinvaux's Law of Insurance

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The Economics of Harmonizing European Law

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ISBN13: 9781840646085
ISBN: 184064608X
Published: November 2001
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £85.00



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One of the major effects of the continual process of European integration is the growing importance of transnational institutions and the accompanying legal harmonization. Such institutional changes have led to a seemingly irreversible transformation in public decision making, whereby power at the national level is displaced to the European and regional levels. This book provides a law and economic analysis of the challenges arising from these shifts in power.;The process of harmonization is investigated from a normative point of view, in order to examine whether a uniform legal framework should be promoted. On the positive side, the goal is to assess the efficiency of this process and its impact on public policies. The authors then turn to applied issues and propose an agenda for future research. The book comprehensively covers both private and public law, as well as applied and theoretical issues. The authors analyze the legal debate from a new political economy perspective, offering diverse and sometimes contrasting views.;""The Economics of Harmonizing European Law"" highlights the debate between competition and harmonization which will be sure to shape the future of Europe. It should be read by students and scholars of law and economics, and European policymakers. It should also provide a valuable reference in the field of law harmonization for law practitioners.

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Subjects:
Law and Economics
Contents:
Part 1 Competition and harmonization: regulatory competition or harmonization of laws? guidelines for the European regulator, Van den Burgh; how to predict the differences in uniformity between different areas of a future European private law? an evolutionary approach, Smits; legal culture as (natural?) monopoly, Ogus; judicial competition, legal innovation and European integration - an economic analysis, Harnais and Vigouroux.
Part 2 Harmonization in practice: European Union and public utility - a virtuous groping? lesson from the reorganization of Corsica external transport, Garcia and Peraldi; the economics of harmonizing law enforcement, Garoupa; product liability and product safety in a federal system - economic reflections on the proper role of Europe, Faure; vocational qualifications and the European labour market - the challenges and the prospects, Calendini and Storai; decentralized interregional cooperation in Europe, Graziani and Rombaldi.
Part 3 Competitive democracy and the future of Europe: a Europe of variety, not harmonization, Frey; widening the European Union - some welfare economics in the light of the economic theory of optimal legal areas, Schmidtchen et al; legal and economic principles for the common administrative law in Europe, Backhaus.