The Involvement of EU Law in Private Law Relationships

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Auteur

Dorota Leczykiewicz is Associate Professor in the Faculty of Law of the University of Oxford, and a Fellow of St Peter's College.
Professor Stephen Weatherill is Jacques Delors Professor of European Law at the Faculty of Law of the University of Oxford, Deputy Director for European Law in the Oxford Institute of European and Comparative Law, and a Fellow of Somerville College.

Contenu

1 Private Law Relationships and EU Law
Dorota Leczykiewicz and Stephen Weatherill
2 The Elusive Character of Private Autonomy in EU Law
Stephen Weatherill
3 The European Union, its Member States and their Citizens
Monica Claes
4 Freedom of Contract and the Horizontal Effect of Free Movement Law
Gareth Davies
5 The Impact of the General Principles of Union Law upon Private Relationships
Michael Dougan
6 Who Determines What Civil Courts Decide? Private Rights, Public Policy and EU Law
Simon Whittaker
7 The General Principles of Civil Law: Their Nature, Roles and Legitimacy
Martijn W Hesselink
8 The Court of Justice's Principle of Effectiveness and its Unforeseeable Impact on Private Law Relationships
Peter Rott
9 The Constitutional Dimension of Private Law Liability Rules in the EU
Dorota Leczykiewicz
10 Social Dumping, Multi-level Governance and Private Law in Employment Relationships
Hugh Collins
11 The Impact of the Non-Discrimination Principle on Private Autonomy
Norbert Reich
12 The Involvement of EU Law in Personal Work Relations: A Defining Issue for European Private Law?
Mark Freedland
13 Black Lists and Private Autonomy in EU Contract Law
Daniela Caruso
14 EU Law and Consumer Transactions without an Internal Market Dimension
Christian Twigg-Flesner
15 The 'Average Consumer' of EU Law in Domestic and European Litigation
Vanessa Mak
16 'Spillovers' from EU Law into National Law: (Un)intended Consequences for Private Law Relationships
Angus Johnston
17 Competition Law and Contract: The Euro-defence
Okeoghene Odudu