A Self-Sufficient European Private Law – A Viable Concept?

EUI Working Papers Law No. 2012/31

217 Pages Posted: 17 Jan 2013 Last revised: 22 Dec 2013

See all articles by Hans‐W. Micklitz

Hans‐W. Micklitz

European University Institute - Department of Law (LAW)

Yane Svetiev

European University Institute - Department of Law (LAW); Bocconi University - Department of Law

Date Written: December 1, 2012

Abstract

This working paper collects the contributions to the first external workshop within the ERPL project that took place on 4 and 5 May 2012 at the EUI. The workshop aimed to clarify the key parameters to be used for analysing the claimed transformation process of European Private Law from ‘Autonomy to Functionalism in Competition and Regulation’. Apart from the papers describing the features of the transformation process, separate sessions examined the four parameters (or possible scenarios) around which the project is conceptualised, (1) conflict and resistance, (2) substitution and intrusion, (3) hybridization and (4) convergence. These parameters were examined from a theoretical perspective, but also for their more specific implications for the project design and for testing the hypothesis of the emergence of a self-sufficient or self-standing European Private Law. Apart from the presentation of the project members’ research, contributions from eminent scholars in European private law provided an outsider’s view on the parameters. Finally, the working paper also includes some of the comments offered at a round table that critically examined the project design.

Keywords: European private law, autonomy, functionalism

Suggested Citation

Micklitz, Hans-W. and Svetiev, Yane, A Self-Sufficient European Private Law – A Viable Concept? (December 1, 2012). EUI Working Papers Law No. 2012/31. Available at SSRN: https://ssrn.com/abstract=2201538 or http://dx.doi.org/10.2139/ssrn.2201538

Hans-W. Micklitz (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
Italy

Yane Svetiev

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

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