scholarly journals Regelsetzung im Kartellprivatrecht: Schadensersatzhaftung als Herausforderung ffr das institutionelle Gleichgewicht in der EU (Regulating Private Law in the Context of Antitrust: Cartel Damages Law as a Challenge to the Institutional Balance in the EU)

2016 ◽  
Author(s):  
Jens-Uwe Franck
Keyword(s):  
Private Law ◽  
The Eu

scholarly journals Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU

2021 ◽  
pp. 1023263X2110146
Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  
Keyword(s):  
Empirical Study ◽  
Case Law ◽  
Reciprocal Relationship ◽  
Court Decisions ◽  
Private Law ◽  
Mixed Result ◽  
Supreme Courts ◽  
Domestic Courts ◽  
Ease Of Access ◽  
The Eu

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.

scholarly journals Mediator jako zawód włączony w ustrój sądów powszechnych – praktyka zmian dotyczących mediacji cywilnej

2018 ◽  
Vol 27 (3) ◽  
pp. 129
Author(s):  
Anna Kalisz
Keyword(s):  
Civil Procedure ◽  
Significant Part ◽  
Social Knowledge ◽  
Private Law ◽  
Western Countries ◽  
Civil Proceedings ◽  
The Social ◽  
Eu Directives ◽  
The Eu ◽  
Commercial Disputes

<p>The article is an attempt to examine the results of the amendments, which have been introduced to civil procedure and to mediation law since the 1<sup>st</sup> January 2016. Mediation corresponds with the nature of private law and in many other Western countries it has become a significant part of justice in civil, commercial and family matters. The examined updating was meant to: raise the social knowledge and recognition of mediation; increase the number of mediations conducted; motivate lawyers to apply it as a solution for legal disputes; raise the standards of professional court mediators and – last but not least – shorten the length of the civil proceedings. Most of the changes have been inspired by the EU directives on commercial disputes.</p>

Realizing the EU Social Market Economy through Law

2020 ◽  
pp. 231-246
Author(s):  
Vanessa Mak
Keyword(s):  
Environmental Protection ◽  
Market Economy ◽  
Legal Pluralism ◽  
Social Market Economy ◽  
Private Law ◽  
Normative Framework ◽  
Social Market ◽  
Political Economic ◽  
Opening Up ◽  
The Eu

This concluding chapter asserts that a case can be made for a strong legal pluralist theory of lawmaking in European private law. It takes a discursive approach, focusing on some aspects that require further consideration. The chapter considers how, and to what extent, the regulation of offline transactions is affected by the perceived shift towards legal pluralism. In addition, the chapter assesses which risks are posed to the instrumental-normative framework by political, economic, and social divides in the EU. Finally, the chapter closes with a reflection on the connections that could be made between certain fields such as citizens' rights as workers or in relation to environmental protection, opening up vistas for further research on lawmaking in European private law.

New Legal Pluralism and Transnational Private Law

2020 ◽  
pp. 18-47
Author(s):  
Vanessa Mak
Keyword(s):  
Western Europe ◽  
Legal Pluralism ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Main Question ◽  
Private Regulation ◽  
The Creation ◽  
Theoretical Foundations ◽  
The Eu

This chapter makes an analysis of the theoretical foundations of lawmaking in European private law. It shows that they can be traced to transnational and constitutional pluralist theories. The main question is in which respects legal pluralism should replace the monist, state-centred perspective on lawmaking that prevailed in Western Europe since the creation of the Westphalian nation state. It is argued that, even though the state remains the primary locus for lawmaking in private law in the EU, the rise of private regulation and the interaction between courts through judicial dialogues plead in favour of adopting a strong legal pluralist perspective. ‘Strong’ or ‘radical’ legal pluralism, other than monism or ‘ordered’ legal pluralism, holds that norms can co-exist without a formal hierarchy. Both a descriptive and a normative case are put forward in support of adopting this perspective.

11. Private law and environmental protection

2017 ◽  
Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes
Keyword(s):  
Environmental Protection ◽  
Environmental Remediation ◽  
Civil Liability ◽  
Environmental Damage ◽  
Private Law ◽  
Essential Characteristic ◽  
Environmental Liability ◽  
Public Nuisance ◽  
Private And Public ◽  
The Eu

This chapter focuses on the torts—or civil wrongs—traditionally relied on in environmental litigation: private and public nuisance, trespass, negligence, and the rule in Rylands v. Fletcher. It discusses and outlines statutory nuisance and various instances of statutory civil liability, some of which go beyond providing remedies for individuals and provide for wider environmental clean-up. Traditionally, private law has attempted to serve the function of controlling environmental damage. However, the chapter shows that the similarity is often superficial; the essential characteristic of private law is to regulate relationships between individuals by the balancing of individual interests. It concludes by briefly considering the EU Environmental Liability Directive, which has some similarities with private law remedies but is primarily an administrative mechanism for environmental remediation in defined situations.

Non-Discrimination and the Many Faces of Private Law in the Union – Some Thoughts After the “Test-Achats” Judgment

2011 ◽  
Vol 2 (2) ◽  
pp. 283-290 ◽  
Author(s):  
Norbert Reich
Keyword(s):  
Ethnic Origin ◽  
Employment Law ◽  
Time Span ◽  
Insurance Market ◽  
Private Law ◽  
Party Autonomy ◽  
The Many ◽  
Prior Decision ◽  
Legal Consequences ◽  
The Eu

The case discusses the “Test-Achats” judgment of the ECJ in the overall context of the EU-non-discrimination principle in relations traditionally governed by private law and party autonomy. This principle has come from employment law and has been extended to consumption matters, at least with regard to such incriminated characteristics as gender, ethnic origin, and nationality. Even if the consequences of the ECJ judgment on the insurance market, including protection of insured persons themselves, by imposing “unisex”-tariffs from 21.12.2012 on may be viewed critically, the Court only draws the legal consequences of a prior decision of the EU legislator which cannot be delayed for an indefinite time span by the Member States (author's headnote).

Smart Regulation and European Private Law – What linkages?

2013 ◽  
Vol 4 (2) ◽  
pp. 260-263
Author(s):  
Kristel De Smedt
Keyword(s):  
Self Regulation ◽  
Regulatory Environment ◽  
Private Law ◽  
Eu Legislation ◽  
Regulatory Quality ◽  
Better Regulation ◽  
Smart Regulation ◽  
Methodological Approaches ◽  
The University ◽  
The Eu

Private law in Europe has undergone a significant transformation during the last two decades. From a branch of law that was scarcely affected by EU legislation, it has become the object of considerable harmonisation measures to facilitate free trade and protect European citizens. Simultaneously, there has been an increased attention for ‘better regulation’ in the EU. The efforts of the European Commission to improve regulatory quality and to reduce administrative burdens for industry have promoted a regulatory environment in which formal intervention is more limited and self–regulation and co–regulation have emerged as alternatives. The University of Maastricht organized a workshop on ‘Smart Regulation of European Private Law’ in January 2013 with the aim to assess how the Smart Regulation agenda has shaped/can shape European private law; investigate the contribution of different methodological approaches to achieve ‘smart regulation’; and explore opportunities and threats for European private law, in particular in respect with developments in self–regulation and co–regulation. This report shortly summarises the discussions.

scholarly journals La promesa de hecho ajeno: cuestiones de competencia judicial internacional en la Unión Europea = The promise of a third party´s fact: issues of international judicial competence in the European Union

2019 ◽  
Vol 11 (1) ◽  
pp. 841
Author(s):  
Gabriel Mengual Pujante
Keyword(s):  
European Union ◽  
Third Party ◽  
Private Law ◽  
The European Union ◽  
Provision Of Services ◽  
Brussels Regulation ◽  
The Eu

Resumen: La promesa de hecho ajeno es una modalidad contractual ampliamente conocida en la Unión Europa y, a su vez, paradigma de uno de los principios fundamentales del Derecho privado: la relatividad de los contratos. Desde una perspectiva axiológica y práctica, el operador jurídico debe conocer el escenario que puede devengarse en un supuesto internacional. Por ello, resulta oportuno trazar una aproximación al sector de la competencia judicial internacional en el Derecho Internacional Privado de la UE.Palabras clave: promesa de hecho ajeno, relatividad de los contratos, Reglamento Bruselas I-bis, contrato de prestación de servicios, competencia judicial internacional.Abstract: The promise of a third party´s fact is a contractual modality widely known in the European Union and, in turn, paradigm of one of the fundamental principles of private law: the relativity of contracts. From an axiological and practical perspective, the legal operator must know the landscape that may arise in an international case. For this reason, it is appropriate to draw an approximation to the sector of the international judicial competence in the EU Private International Law.Keywords: promise of a third party´s fact, relativity of contracts, Brussels Regulation I-bis, contract for the provision of services, international judicial competence.

The State as a Party to Private Law Relations

2021 ◽  
Vol 10 (1-2) ◽  
pp. 47-60
Author(s):  
Nataliya M. Оnishchenko ◽  
Tatyana I. Tarakhonych ◽  
Oleh L. Bohinich
Keyword(s):  
Civil Law ◽  
The State ◽  
Private Law ◽  
Liability Law ◽  
Multi Stage ◽  
The Status ◽  
Legal Structures ◽  
Legal Position ◽  
Autonomous Republic ◽  
The Eu

Abstract The purpose of the study is to cover the analysis of the legal position of the state in private law relations. Particular attention is paid to the dualistic nature of the state – as a sovereign and as a horizontal participant in civil law relations. The study employs the following methods: dialectical, technical and comparative law. Results of the systematic interpretation suggest that the state does not have the status of a person, which complicates the application of some legal structures. It is concluded that the state is a multi-stage entity that includes the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. This paper will be useful for advocates, judges, academics whose area of expertise is the problematics of the liability law, as well as the issue of harmonisation of the civil legislation of Ukraine with the civil legislation of the EU countries.

Sign in / Sign up

Export Citation Format

Share Document