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Judicial Cooperation in European Private Law

Edited by: Fabrizio Cafaggi, Stephanie Law

ISBN13: 9781786436689
Published: May 2017
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00

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Notwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making.

This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature - is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law.

This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere.

Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers, judges interested in the creation and development of European private law at both national and EU levels.

EU Law
1. Introductory Remarks Fabrizio Cafaggi and Stephanie Law
2. Looking Behind the Scene of Judicial Cooperation in Preliminary Procedures Christiaan Timmermans
3. Fields of Application of the Charter of Fundamental Rights and Constitutional Dialogues in the European Union Marak Safjan
4. The Structure of US Federal and State Courts and Mechanisms for Formal and Informal Resolution of Conflicts Anthony J. Scirica
5. Spanish Courts, the European Court and Consumer Law: Some Thoughts on their Interaction Fernando Gomez and Karolina Lyczkowska
6. The Methodology of Judicial Cooperation in Unfair Contract Terms Law Monika Jozon
7. The CJEU's Interpretation of the Consumer: What Significance of Judicial Cooperation? Stephanie Law
8. European Fundamental Rights and Private Litigations: Patterns of Conflict and Judicial Dialogue Aurelia Colombi Ciacchi
9. On the Transformations of European Consumer Enforcement Law: Judicial and Administrative Trialogues, Instruments and Effects Fabrizio Cafaggi
10. Concluding Remarks