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E-raamat: The Involvement of EU Law in Private Law Relationships [Hart e-raamatud]

Edited by (University of Oxford), Edited by (University of Oxford, UK)
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The involvement of the EU in regulating private conduct and the 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 EU policy objectives which are apt to legitimize the as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of EU 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, labor law, competition law, equal treatment law, and the law of remedies. While focusing on private law relationships, the contributors investigate more general concepts of EU law, such as the internal market freedoms and general principles of law, as well as the different modes of ensuring the effective application of EU secondary law. (Series: Studies of the Oxford Institute of European and Comparative Law - Vol. 16)
Preface v
List of Contributors ix
Table of Cases xiii
Table of Legislation xliii
1 Private Law Relationships and EU Law 1(8)
Dorota Leczykiewicz
Stephen Weatherill
2 The Elusive Character of Private Autonomy in EU Law 9(20)
Stephen Weatherill
3 The European Union, its Member States and their Citizens 29(24)
Monica Claes
4 Freedom of Contract and the Horizontal Effect of Free Movement Law 53(18)
Gareth Davies
5 The Impact of the General Principles of Union Law upon Private Relationships 71(18)
Michael Dougan
6 Who Determines What Civil Courts Decide? Private Rights, Public Policy and EU Law 89(42)
Simon Whittaker
7 The General Principles of Civil Law: Their Nature, Roles and Legitimacy 131(50)
Martijn W. Hesselink
8 The Court of Justice's Principle of Effectiveness and its Unforeseeable Impact on Private Law Relationships 181(18)
Peter Rott
9 The Constitutional Dimension of Private Law Liability Rules in the EU 199(24)
Dorota Leczykiewicz
10 Social Dumping, Multi-level Governance and Private Law in Employment Relationships 223(30)
Hugh Collins
11 The Impact of the Non-Discrimination Principle on Private Autonomy 253(26)
Norbert Reich
12 The Involvement of EU Law in Personal Work Relations: A Defining Issue for European Private Law? 279(12)
Mark Freedland
13 Black Lists and Private Autonomy in EU Contract Law 291(26)
Daniela Caruso
14 EU Law and Consumer Transactions without an Internal Market Dimension 317(16)
Christian Twigg-Flesner
15 The 'Average Consumer' of EU Law in Domestic and European Litigation 333(24)
Vanessa Mak
16 'Spillovers' from EU Law into National Law: (Un)intended Consequences for Private Law Relationships 357(38)
Angus Johnston
17 Competition Law and Contract: The Euro-defence 395(22)
Okeoghene Odudu
Index 417
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.