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Edited by: Mark Arnold KC, Simon Mortimore KC
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The Involvement of EU Law in Private Law Relationships

Edited by: Dorota Leczykiewicz, Stephen Weatherill

ISBN13: 9781849463300
Published: March 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00



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The involvement of the EU in regulating private conduct and the relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems.

This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy.

The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies.

While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Subjects:
EU Law
Contents:
1. Private Law Relationships and EU Law Dorota Leczykiewicz and Stephen Weatherill
2. The Elusive Character of Private Autonomy in EU Law Stephen Weatherill
3. The European Union, its Member States and their Citizens Monica Claes
4. Freedom of Contract and the Horizontal Effect of Free Movement Law Gareth Davies
5. The Impact of the General Principles of Union Law upon Private Relationships Michael Dougan
6. Who Determines What Civil Courts Decide? Private Rights, Public Policy and EU Law Simon Whittaker
7. The General Principles of Civil Law: Their Nature, Roles and Legitimacy Martijn W Hesselink
8. The Court of Justice's Principle of Effectiveness and its Unforeseeable Impact on Private Law Relationships Peter Ro
9. The Constitutional Dimension of Private Law Liability Rules in the EU Dorota Leczykiewicz
10. Social Dumping, Multi-level Governance and Private Law in Employment Relationships Hugh Collins
11. The Impact of the Non-Discrimination Principle on Private Autonomy Norbert Reich
12. The Involvement of EU Law in Personal Work Relations: A Defining Issue for European Private Law? Mark Freedland
13. Black Lists and Private Autonomy in EU Contract Law Daniela Caruso
14. EU Law and Consumer Transactions without an Internal Market Dimension Christian Twigg-Flesner
15. The 'Average Consumer' of EU Law in Domestic and European Litigation Vanessa Mak
16. 'Spillovers' from EU Law into National Law: (Un)intended Consequences for Private Law Relationships Angus Johnston
17. Competition Law and Contract: The Euro-defence Okeoghene Odudu

Series: Studies of the Oxford Institute of European and Comparative Law

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