Title: Between Regulatory and Autonomy-Based Private Law
Abstract: By way of an alternative to the failed project of codifying private law for the European Union, a socio-legal account of the effects of EU legal integration on private law in Europe describes the emergence of European Regulatory Private Law (ERPL). ERPL offers a coherent conception of this vast body of law and refines its underlying normative foundations. It also offers a provocative and exciting perspective on private law, which upsets conventional wisdoms and challenges us to rethink some of the most fundamental premises of our understanding of private law. This article addresses what I see as three core pillars of ERPL: the reliance on the notion of regulated autonomy, the endorsement of access justice as a normative basis, and the critique of – or at least ambivalence about – the public/private distinction as it relates to EU law. My aim is to expose some ambiguity in each of these pillars and to offer some friendly refinements to this emerging conception of EU private law.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: article
Indexed In: ['crossref']
Access and Citation
Cited By Count: 1
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