Private Law, Regulation and Justice
Postnational Rulemaking Working Paper No. 2016-04
16 Pages Posted: 8 Mar 2016 Last revised: 12 Mar 2016
Date Written: March 7, 2016
This paper critically engages with the European Regulatory Private Law thesis (ERPL). The main strength of ERPL is that it offers an entirely new perspective on European private law. However, as a complete theory of European private law, ERPL is too one-sided, both from a descriptive and from a normative point of view. With its strong focus on the private law locked up in regulatory silos for specific market sectors it obscures the reality of the consumer acquis and its transformative force. A fuller picture would include the contours of a loosely coherent system of European private law that is currently emerging. The main pillars of that pragmatic system are (for now) the withdrawal rights, unfair terms control, and remedies for non-conformity. Moreover, the contribution of European private law to access justice cannot be the only standard for its evaluation and critique; at least as important are interpersonal justice and democratic legitimacy.
Keywords: European Regulatory Private Law, European private law, regulation, withdrawal rights, unfair terms control, remedies for non-conformity, interpersonal justice, democratic legitimacy, European contract law
JEL Classification: K12
Suggested Citation: Suggested Citation