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The Foundations of Private Law in a Multilevel Structure: Balancing, Distribution of Lawmaking Power, and Other Constitutional Issues

13 Pages Posted: 27 Sep 2015  

Date Written: September 30, 2009

Abstract

This contribution is, first of all, a reflection on the distribution of power in relation to private law in the context of multilevel government, on the one hand, and relativization of this power by a so-called law market, on the other hand. It is also a reflection on the notion that law is a balancing activity (balancing values or interests). The author argues in favour of maintaining a normative perspective instead of recognizing as law everything that pretends to be law. He also argues in favour of the classical separation of powers and discusses the legitimacy of lawmaking by the different branches of power. Notions like pluralism and diversity tend to hide political choices that undermine classical values as equality before the law and the application of the law of the land. After an analysis of the arguments in favour of or against a centralization of lawmaking power on the European level, the author argues in favour of a reversal of the actual principles of division of power between the European Union and the Member States and thus in favour of a European Civil Code (ECC) that may be amended by the Member States.

JEL Classification: K10

Suggested Citation

Storme, Matthias E, The Foundations of Private Law in a Multilevel Structure: Balancing, Distribution of Lawmaking Power, and Other Constitutional Issues (September 30, 2009). Available at SSRN: https://ssrn.com/abstract=2665851 or http://dx.doi.org/10.2139/ssrn.2665851

Matthias E Storme (Contact Author)

KU Leuven ( email )

Tiensestraat 41
B-3000 Leuven, Vlaams-Brabant 3000
Belgium

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