Date: 2024
Type: Article
Private law subjects in European mini-publics
International journal of constitutional law, 2024, OnlineFirst
HESSELINK, Martijn Willem, Private law subjects in European mini-publics, International journal of constitutional law, 2024, OnlineFirst
- https://hdl.handle.net/1814/77772
Retrieved from Cadmus, EUI Research Repository
This article explores viable paths towards a more radically democratic European private law. In particular, it argues that European private law should catch the deliberative wave. To this end, the article proposes the introduction of deliberative citizens’ assemblies and citizens’ panels in the context of EU private-law making, especially its reform. The argument is grounded in the dialectical relationship between the private autonomy of persons as European legal subjects (individual self-determination) and their public autonomy as European citizens (collective self-determination). However, on the same grounds, the article also cautions against possible exclusionary effects of mini-publics constituted through sortition towards members of marginalized groups, which could end up undermining both individual and collective self-determination.
Additional information:
Published online: 17 December 2024
Cadmus permanent link: https://hdl.handle.net/1814/77772
Full-text via DOI: 10.1093/icon/moae082
ISSN: 1474-2640; 1474-2659
Publisher: Oxford University Press
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