Browsing LAW Working Papers by Author "MICKLITZ, Hans-Wolfgang"

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Browsing LAW Working Papers by Author "MICKLITZ, Hans-Wolfgang"

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    Title: A Self-Sufficient European Private Law – A Viable Concept?  Author(s): MICKLITZ, Hans-Wolfgang; SVETIEV, Yane Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This working paper collects the contributions to the first external workshop within the ERPL project that took place on 4 and 5 May 2012 at the EUI. The workshop aimed to clarify the key parameters to be used for analysing ...
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    Title: Do Consumers and Businesses Need a New Architecture of Consumer Law? A thought-provoking impulse  Author(s): MICKLITZ, Hans-Wolfgang Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper is a translation of the Gutachten prepared for the 69. Deutschen Juristentag to be held in September 2012. It pleads for a separate consumer law code outside private law codifications. The benchmarks are: rethinking ...
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    Title: Methodology in the New Legal World  Author(s): VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang; POIARES PESSOA MADURO, Luis Miguel Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Law is a discipline in transition moving, among others, from a predominantly monodisciplinary dogmatic tradition towards more and more attention for multidisciplinary and empirical legal research, from a national to a more ...
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    Title: The Commission Proposal for a "Regulation on a Common European Sales Law (CESL)": Too broad or not broad enough?  Author(s): MICKLITZ, Hans-Wolfgang; REICH, Norbert Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper which was commissioned by the Austrian Ministry of Consumer Affairs but written under the exclusive responsibility of the authors consists of three parts: The first part written jointly by the authors gives an ...
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    Title: The Expulsion of the Concept of Protection from the Consumer Law and the Return of Social Elements in the Civil Law: A bittersweet polemic  Author(s): MICKLITZ, Hans-Wolfgang Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Consumer law started in the 1960s and 1970s as consumer protection law, meant to compensate for the risks and deficiencies of the consumption society which led to an enormous increase. The target of the first generation ...
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    Title: From the Nation State to the Market: The evolution of EU private law  Author(s): MICKLITZ, Hans-Wolfgang; PATTERSON, Dennis Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The State exists to deliver security and welfare to citizens. One of the principal functions of the State is to enhance welfare through the production of legal regimes. Law contributes to welfare in many ways, one of which ...
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    Title: Revitalizing Doctrinal Legal Research in Europe: What About Methodology?  Author(s): VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Both in the U.S. and in Europe there is a debate on methodology in legal research. Doctrinalists and multidisciplinarians appear to be in different camps fighting over the ‘true nature’ of legal scholarship. We wonder where ...
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    Title: Social Justice and Access Justice in Private Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: During the C20th, the Member States of the European Union developed their own models of social justice in private law. Each model is inherently linked to national culture and tradition. However, all models have a common ...
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    Title: The ECJ between the Individual Citizen and the Member States: A plea for a judge-made European law on remedies  Author(s): MICKLITZ, Hans-Wolfgang Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Time and again the ECJ comes under fire, from the Member States who fear the loss of sovereignty, as well as from trade unions and public interest groups who fear the downgrading of ‘The Social’. The overall message then ...
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    Title: Consumer Bankruptcy in Europe Different Paths for Debtors and Creditors  Author(s): ANDERSON, Robert; DUBOIS, Hans; KOARK, Anne; LECHNER, Götz; RAMSAY, Iain; ROETHE, Thomas Date: 2011 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The economic crisis has fuelled the debate on regulated state insolvencies. And while debt relief is being considered for nations, in some European countries consumers live their whole lives in debt as there is no consumer ...
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    Title: Failure or Ideological Preconceptions – Thoughts on Two Grand Projects: The European Constitution and the European Civil Code  Author(s): MICKLITZ, Hans-Wolfgang Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I am interested in the relationship between constitutional and private law. The two Grand Projects, the European Constitution and the European Civil Code, serve as a catalyst to develop my argument. I will first look at ...
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    Title: La mano visibile del diritto privato europeo in materia normativa – La trasformazione del diritto privato europeo dall’autonomia al funzionalismo nella concorrenza e nella regolamentazione  Author(s): MICKLITZ, Hans-Wolfgang Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Il titolo "La mano visibile del diritto privato europeo in materia normativa" è un'espressione che dovrebbe chiarire quella che io identifico come la più grande lacuna esistente non soltanto nel discorso politico ma anche ...
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    Title: The Impact of the Financial Crisis on the European Economic Constitution  Author(s): JAMES, Harold; MICKLITZ, Hans-Wolfgang; SCHWEITZER, Heike Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The financial crisis challenges the European Economic Constitution in that the two major pillars, the competition rules and the economic freedoms are put into question. This working paper contains the proceedings of a ...
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    Title: The Proposal on Consumer Rights and the Opportunity for a Reform of European Unfair Terms Legislation in Consumer Contracts  Author(s): MICKLITZ, Hans-Wolfgang Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Unfair contract terms legislation is more than forty years old. Member States started regulating unfair contract terms from the 1970s onwards with a growing intensity. In 1993 the European Community adopted, after a ...
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    Title: New Challenges for the Assessment of Fairness in a Common Market  Author(s): MICKLITZ, Hans-Wolfgang; SMITH, Viktor; OHM RØRDAM, Mette; CLEMENT, Jesper; GABRIELSEN, Gorm; GLÖCKNER, Jochen; MØGELVANGHANSEN, Peter; ROGOWSKI, Marcin; SORENSEN, Henrik Selsoe; SMITH, Viktor; TRZASKOWSKI, Jan Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW
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    Title: Europeanization of Private Law in Central and Eastern Europe Countries (CEECs): Preliminary Findings and Research Agenda  Author(s): CAFAGGI, Fabrizio; CHEREDNYCHENKO, Olha O.; CREMONA, Marise; CSERES, Kati; GORYWODA, Lukasz; KAROVA, Rozeta; MICKLITZ, Hans-Wolfgang; PODSTAWA, Karolina Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Since its creation, European Union (hereinafter: ‘the EU’) has experienced various enlargements. In 1973, Denmark, Ireland and the United Kingdom joined the EU. Greece became a Member in 1981 and was followed by Spain and ...
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    Title: Universal Services: Nucleus for a Social European Private Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper is intended to develop the idea that the growing number of rules on universal services allows for the introduction of a debate about whether these rules contain the nucleus of a new social European private law. ...
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    Title: Judicial Activism of the European Court of Justice and the Development of the European. Social Mode in Anti-Discrimination and Consumer Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: My hypothesis, which I try to present in this paper can be broken down into three different affirmations: The ECJ is developing, on the basis of the acquis communautaire, a European Social Framework, not a fully-fledged ...
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    Title: The Visible Hand of European Regulatory Private Law  Author(s): MICKLITZ, Hans-Wolfgang Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The title “The Visible Hand of European Regulatory Private Law” should make clear what I identify to be the major gap not only in political discourse but also in legal doctrine and in legal theory concerning European ...
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    Title: Administrative and Judicial Enforcement in Consumer Protection: The Way Forward  Author(s): CAFAGGI, Fabrizio; MICKLITZ, Hans-Wolfgang Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper analyses the relationship between administrative and judicial enforcement in Consumer Protection. It first sets out the European state of development with regard to injunctions, thereby focusing on the different ...