The Constitutionalization of European Private Law

XXII/2

Edited by Hans Micklitz

Collected Courses of the Academy of European Law

Provides a roadmap of constitutionalization, what it is, and what it means for European private law
Discusses multiple fields of private law including contract law, tort law, financial services, and intellectual property rights
Examines the future of European private law and how it is developing

The Constitutionalization of European Private Law

XXII/2

Edited by Hans Micklitz

Collected Courses of the Academy of European Law

Description

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing.

In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests.

This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

The Constitutionalization of European Private Law

XXII/2

Edited by Hans Micklitz

Collected Courses of the Academy of European Law

1. Introduction, Hans Micklitz
2. On the (In)compatibility of Human Rights Discourse and Private Law, Hugh Collins
3. The Fifth European Union Freedom: Aggregating Citizenship ... around Private Law, Giovanni Comande
4. European Fundamental Rights, Private Law, and Judicial Governance, Aurelia Ciacchi
5. Constitutionalization and EU Employment Law, Mark Bell
6. Fundamental Rights, European Private Law, and Financial Services, Olha O. Cherednychenko
7. Intellectual Property and European Fundamental Rights, Christine Godt
8. Rights and Remedies: Article 47 EUCFR and Effective Judicial Protection in European Private Law Matters, Chantal Mak

The Constitutionalization of European Private Law

XXII/2

Edited by Hans Micklitz

Collected Courses of the Academy of European Law

Author Information

Hans Micklitz, Professor of Economic Law, European University Institute

Hans-W. Micklitz joined the European University Institute in 2007 as Professor for Economic Law, where he has been Head of Department since 2012. He is on leave from his position as Jean Monnet Chair of Private Law and European Economic Law at the University of Bamberg, Germany. Professor Micklitz is the holder of a European Research Council Grant 2011-2016 on European Regulatory Private Law. His main fields of research include European Law, European private and consumer law, and legal theory.

Contributors:

Mark Bell is Head of the School of Law at University of Leicester.
Olha O. Cherednychenko is Associate Professor at the University of Groningen, where she holds the Chair in European Private Law and Comparative Law.
Aurelia Colombi Ciacchi has held the Endowed Chair in Law and Governance at Groningen University since October 2010 and is an Academic Director of the Groningen Centre for Law and Governance, and a Director of the Netherlands Institute for Law and Governance.
Hugh Collins is the Vinerian Professor of English Law, All Souls College, Oxford.
Giovanni Comandé teaches Comparative Law and EU Law at the Scuola Superiore S. Anna, Pisa, where he is full professor and director of the Interdisciplinary Research Lab LIDER-Lab.
Christine Godt holds the Jean Monnet Chair for European and International Economic Law at the Carl von Ossietzky-University in Oldenburg, where she is also Director of the Hanse Law School.
Chantal Mak is an Associate Professor of European Private Law at the Centre for the Study of European Contract Law (CSECL) of the University of Amsterdam in the Netherlands.