On Beauty and Being Fair: The Interaction of National and Supranational Judiciaries in the Development of a European Law on Remedies

Varieties of European Economic Law and Regulation. Liber Amicorum for Hans Micklitz, K. Purnhagen & P. Rott (eds.) 2014

Centre for the Study of European Contract Law Working Paper Series No. 2014-07

Amsterdam Law School Research Paper No. 2014-45

15 Pages Posted: 26 Aug 2014

See all articles by Chantal Mak

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL); University of Amsterdam - Faculty of Law

Date Written: August 25, 2014

Abstract

On the basis of an analysis of the Spanish case of Aziz v. Catalunyacaixa, this paper seeks to clarify the role of judges in the making of European private law. Building on Hans Micklitz's work on the normative design of this field of law, it is submitted that national judges in civil cases may under certain circumstances rely on the preliminary reference procedure to obtain backing from the Court of Justice of the European Union in regard to the handling of politically charged legal questions in their domestic systems.

Keywords: European law, contract law, remedies, supranational judiciaries, Aziz v. Catalunyacaixa

JEL Classification: K12

Suggested Citation

Mak, Chantal, On Beauty and Being Fair: The Interaction of National and Supranational Judiciaries in the Development of a European Law on Remedies (August 25, 2014). Varieties of European Economic Law and Regulation. Liber Amicorum for Hans Micklitz, K. Purnhagen & P. Rott (eds.) 2014; Centre for the Study of European Contract Law Working Paper Series No. 2014-07; Amsterdam Law School Research Paper No. 2014-45. Available at SSRN: https://ssrn.com/abstract=2486458

Chantal Mak (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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