The Visible Hand of European Regulatory Private Law

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Show simple item record MICKLITZ, Hans-Wolfgang 2008-05-28T08:26:53Z 2008-05-28T08:26:53Z 2008
dc.identifier.citation The Visible Hand of European Regulatory Private Law. The Transformation of European Private Law from Autonomy to Functionalism in Competition and Regulation en
dc.identifier.issn 1725-6739
dc.description.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 private law and where I hope to bring additional expertise which is so far missing. My hypothesis is that the “modernisation” of (or more cautiously changes to) private law derives from those subject matters which are at the boundaries of traditional private law. So what I will try to develop is some sort of a counter-project to the acquis principles and the Draft Common Frame of Reference (understood as a coherent body of European private law rules), a model which leaves room for national private legal orders, but takes into consideration the ongoing process of Europeanisation, be it via academia in the study group and the acquis group, via the European legislator or via soft-law building. The multi-level structure of the European Community calls for a concept that allows one to determine which norms shall be elaborated and enforced at what level and by whom. What I have in mind is a structural new-orientation of (European) private law, which takes into account the transformation of European private law from autonomy to functionalism in competition and regulation. en
dc.format.mimetype application/pdf
dc.language.iso en en
dc.publisher European University Institute
dc.relation.ispartofseries EUI LAW en
dc.relation.ispartofseries 2008/14 en
dc.rights info:eu-repo/semantics/openAccess
dc.subject Market en
dc.subject governance en
dc.subject Economisation en
dc.subject politicisation en
dc.subject Internal en
dc.subject regulatory private law en
dc.subject access justice en
dc.subject new principles en
dc.subject new processes of law-making en
dc.subject new regulatory instruments en
dc.subject new modes of enforcement en
dc.title The Visible Hand of European Regulatory Private Law en
dc.type Working Paper en
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