Internal Market Rationality, Private Law and the Direction of the Union: Resuscitating the Market as the Object of the Political

27 Pages Posted: 29 Sep 2015

See all articles by Marija Bartl

Marija Bartl

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

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Date Written: September 2015

Abstract

This paper proposes a concept of ‘internal market rationality’ for the analysis of the political, legal and economic consequences of European integration. Internal market rationality refers to a specific pattern of political action in the field of internal market, which has emerged gradually due to the confluence of three main factors: first, the EU's functional institutional design; second, the processes of post‐national juridification; and third, a more contingent influence of ideas. In the interplay of those three factors, the interpretation of internal market has become overdetermined, restricting thereby the space of (democratic) politics in its regulation. This reification of internal market rationality has had a direct influence on the content of European law, as I demonstrate through the example of European private law. Internal market rationality has transformed the very concept of justice underpinning private law, the concept of the person or subject of law, the (re)distributive pattern of private law as well as the normative basis on which private law stands. I argue, finally, that a close examination of the legal, institutional and ideological arrangement behind internal market rationality provides clues for the democratisation of the EU.

Suggested Citation

Bartl, Marija, Internal Market Rationality, Private Law and the Direction of the Union: Resuscitating the Market as the Object of the Political (September 2015). European Law Journal, Vol. 21, Issue 5, pp. 572-598, 2015. Available at SSRN: https://ssrn.com/abstract=2666764 or http://dx.doi.org/10.1111/eulj.12122

Marija Bartl (Contact Author)

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

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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