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General Principles of EU Law and European Private Law (Hardcover)
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General Principles of EU Law and European Private Law (Hardcover)
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This book addresses and highlights the core issues concerning
general principles of EU law and their relationship with and impact
on private law. With the entry into force of the Lisbon Treaty, the
EU Charter of Fundamental Rights became a legally binding source of
primary law and highlights, together with the General Principles of
EU law, the importance of fundamental rights in the legal system of
the Union. This increased visibility means that private parties
have begun to rely on fundamental rights arguments in proceedings
in front of national courts and Union courts more and more often.
Amongst many other issues this development brings important
questions relating to the effects of EU fundamental rights on
private law to the forefront. After an introductory chapter by the
editors the following four overarching themes provide the structure
of this book and broadly reflect the approaches discussed in its
eighteen essays:; the methodology and theory in the elaboration of
new General Principles of EU law; the Constitutionalization of
private autonomy in EU law; issues of horizontal direct effect
viewed from conceptual, sectoral and remedial perspectives; and the
relationship between General Principles and competition law. This
book reflects the continuous relevance and the need to re-examine
the effects and the status of General Principles of EU law, which
have been dealt with already twice before (in 1999 and 2007) by the
group that has compiled the present volume,the Swedish Network for
European Legal Studies. The discussion that emerges is, here as
before, of immense significance both for theoretical legal studies
and for legal practice. The eighteen essays here printed are all
final author-edited versions of papers first presented at the
Network's conference in Stockholm in November 2012. The authors
include both eminent, well-known experts, and representatives of a
new generation of younger scholars in the field.
General
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