Eu Private Law: Anatomy of a Growing Legal Order

EU law covers many areas of private law and is constantly expanding. This book offers an innovative approach to analyzing EU private law by considering its ongoing expansion as an ongoing process and interrogating key questions. It explores the relationship between EU private law and traditional concepts of private law, the impact on horizontal relations, and the frequent reference to the policy orientation of EU law. The author traces the origins of legal principles and rules in comparative law, legal history, and public international law and their application and development in EU private law instruments and CJEU judgments. This comparison helps to strengthen our understanding of EU private law's peculiarities and provides a basis for a comprehensive critical assessment of its state today.

Format: Hardback
Length: 788 pages
Publication date: 19 May 2021
Publisher: Intersentia Ltd

The European Union's (EU) legal framework encompasses a wide range of private law areas, and it continues to evolve and expand. Due to its fragmented nature, much of the legal literature focuses on specific areas such as EU labor law, EU company law, EU private international law, EU consumer law, and others. In contrast, this book takes an innovative approach to analyzing EU private law by considering its ongoing expansion as a continuous process and raising critical questions.

What is the role of private law within the EU? How does EU private law align with traditional notions of private law? What impact does the EU's law, which was established with the aim of integrating peoples in Europe, have on horizontal relations? Is the frequent reference to the policy orientation of EU law sufficient to bridge the differences between public and private law?

Like the growth rings of a tree, the numerous acts and judgments of EU private law derive their strength from the trunk and roots, which have developed in the vertical relations between the EU and the Member States. The foundations of EU law, often rooted in legal history, comparative experience, and public international law, exert a unique influence on horizontal relations in national private law systems.

Across ten parts, organized into four books dedicated to foundations, principles, enforcement, and implementation, as well as the external dimension, the author delves into the distinctive features of EU private law compared to traditional private law analysis in any given national legal system. The author traces the origins of legal principles and rules in comparative law, legal history, and public international law, and their application and development in EU private law instruments and the judgments of the CJEU.

In conclusion, this book offers a comprehensive and insightful exploration of EU private law, shedding light on its evolution, challenges, and opportunities. It provides a valuable resource for scholars, practitioners, and policymakers interested in understanding the complex dynamics of private law within the EU framework.

Weight: 1536g
Dimension: 171 x 247 x 52 (mm)
ISBN-13: 9781839701214