A Common Law for Europe

A Common Law for Europe

A Common Law for Europe

A Common Law for Europe

Excerpt

The Europeanization of private law, a process which has been taking place for a decade or more, is a phenomenon that everyone is watching. The new phases of European integration, which began with the accession negotiations for the entry of the Central and Eastern European countries, along with Cyprus, Malta, and Turkey, coincide with the debate on the desirability (or otherwise) of a renewal of the European jus commune; this increases the complexity of the whole scene.

This first volume, [A Common Law for Europe,] is the first part of A Guide to European Private Law, which is intended to give an account of the building of a new 'European common law,' enhanced by the perspective provided by the enlargement process of 2004. The second volume, [The Harmonisation of Civil and Commercial Law in Europe,] will be dedicated to reconstructing the important parts in the formation of the new, common private law, which is no longer domestic, but European (or Community) in nature: consumer protection and contract law, product liability, the insurance, credit and finance industries, company law, industrial and commercial property rights, and competition law.

The Guide identifies the major issues posed by harmonization, uniformization, and unification of the legal rules and guiding principles of European Community private law, without overlooking the policy choices of the Community institutions. The European legal system, as everyone knows, is undergoing continual evolution: to describe its structure, the institutions, and rules which govern its working, implies no small cognitive effort. Such effort is often made futile by the premature obsolescence of everything which has been written and published. Despite this, the idea of producing this work on the private law of Europe took root, particularly in view of the enlargement of the EU.

The two volumes are offered as a guide for law students, but also for non-law students who are interested in the political and economic consequences of the Europeanization of law; for those professionals who work in the field (lawyers and judges) and would like to become acquainted . . .

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