Chapter

The Notion of Europeanization and the Significance of Transnational Private Lawmaking

Lucinda Miller

in The Emergence of EU Contract Law

Published in print September 2011 | ISBN: 9780199606627
Published online January 2012 | e-ISBN: 9780191731716 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199606627.003.0001

Series: Oxford Studies in European Law

The Notion of Europeanization and the Significance of Transnational Private Lawmaking

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This chapter unpacks the three perspectives from which the notion of Europeanization is usually addressed and, in this way, establishes a structure which informs the rest of the book. The chapter reveals a central theme of the work which is that equating the Europeanization of contract law with harmonisation and homogeneity ignores the EU’s multi-layered architecture of the EU legal order and the intricate interplay between the various levels of governance at which contract law operates. The chapter also explores the nature of private law and the extent to which transnational (EU) contract law challenges private law’s classical features and traditional assumptions about its relationship with the nation state. Although the functionalist, policy-driven EU contract law unsettles orthodox understandings of the ‘private’ and the ‘public’, the chapter concludes by identifying a number of additional factors (e.g. Lex Mercatoria) that have contributed to the transformation of private law.

Keywords: europeanization; harmonisation; private law; Lex Mercatoria; transnational; public/private law divide; nation state

Chapter.  13722 words. 

Subjects: EU Law

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