European Precedent Law
European Review of Private Law, Vol. 16, pp. 827-841, 2008
TICOM Working Paper on Comparative and Transnational Law No. 2008/4
17 Pages Posted: 20 Jun 2008 Last revised: 18 May 2009
Date Written: June 1, 2008
Abstract
The literature on harmonisation of private law within Europe is extensive, but mainly concentrates on substantive law. In this article we investigate the procedural aspects of the harmonisation of European private law by focusing on the role of precedent. After discussing the role of precedent in national private law systems we investigate the barriers to a similar role of precedent within the Community in the area of harmonised private law. We conclude that at the moment the lack of doctrine, the European Court of Justice's monopoly on interpretation of Community legislation, and the lack of a system of review by the European Court of Justice stand in the way of a proper European system of precedent law for private law.
Keywords: European law, private law, precedent
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