Private Law‐making and European Integration: Where Do They Meet, When Do They Conflict?<sup>1</sup>

Fabrizio Cafaggi

in The Regulatory State

Published in print December 2010 | ISBN: 9780199593170
Published online January 2011 | e-ISBN: 9780191595660 | DOI:
Private Law‐making and European Integration: Where Do They Meet, When Do They Conflict?1

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This chapter addresses the role of private law-making (PLM) in European legal integration. It argues that PLM has significantly contributed, and can further contribute, to European legal integration but it has also changed the meaning and the scope of integration, and does not coincide entirely with harmonization of rules and institutions. In particular, PLM has reinforced the regulatory and policy-oriented nature of European private law. But PLM goes well beyond the domain of private law, influencing the core instruments and principles of European market design and regulation. It has played a significant role in the creation of an integrated payment system (Euro payment), a European financial market, a European trading system including electronic commerce, and even of a private social security system (pension funds and other forms). It has played an important role in consumer and environmental protection by contributing to the definition of product and services safety. PLM has provided the basis for many technical standards including safety standards related to both products and processes.

Keywords: European legal integration; PLM; regulation

Chapter.  14419 words. 

Subjects: Constitutional and Administrative Law

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