Private law subjects in European mini-publics

Abstract

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.