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Who does What? On the Allocation of Regulatory Competences in European Private Law (Paperback)
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Who does What? On the Allocation of Regulatory Competences in European Private Law (Paperback)
Series: Ius Commune: European and Comparative Law Series, 137
Expected to ship within 12 - 17 working days
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As the European Union (EU) matures, there is an increasing debate,
partly fuelled by fierce national criticism offered by Eurosceptic
politicians, partly initiated by the EU institutions themselves, on
the way in which the EU has developed and what the EU must look
like in the future. This debate includes a discussion on one of the
core aspects of European integration: at which level should the
rules be set and who decides where the authority to do so should
lie? Private law has an important role to play in this discussion.
Many private law rules touch on the core of the internal market as
they serve to foster trade or to offer protection to market
participants, such as consumers.In 2011, the Maastricht European
Private Law Institute (M-EPLI) was founded. M-EPLI researchers
combine European Private Law scholarship in the fields of contract,
property, commercial and procedural law as well as legal theory. In
this book M-EPLI fellows present perspectives on the allocation of
competences in European Private Law. This includes both general
perspectives and criteria on the basis of which to decide who does
what in European Private Law, but also specific perspectives
relating to the various fields M-EPLI's researchers cover. All
contributions share a common approach in which each author or team
of authors addresses the same two questions: (i) What are the
criteria to decide upon the ideal design of their field of law for
the EU?; (ii) Who should set the rules: what is in the author(s)
view the optimal mix of national and European producers of legal
norms?
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