The Regulatory Function of European Private Law by Fabrizio Cafaggi, Horatia Muir Watt
By Fabrizio Cafaggi, Horatia Muir Watt
Within the context of the present debate at the desirability and means of forming eu deepest legislations (EPL), this publication considers one primary query addressing its descriptive and normative size: does and may EPL pursue regulatory goals past industry integration? The editors argue that simply because nationwide different types are of little assist in greedy the features of a multi-level regulatory procedure, it is vital to hyperlink 3 views: inner most legislations, law and clash of legislation. This booklet explores this interplay in 4 certain fields: product legal responsibility, environmental security, public utilities and e-commerce. the consequences convey that EPL is very regulatory and that the results of this transformation haven't been accurately thought of by means of associations and by means of students. The Regulatory functionality of eu inner most legislations can be of significant curiosity to teachers of legislation, in addition to to non-public and public legal professionals and ecu policymakers.
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Additional info for The Regulatory Function of European Private Law
In the latter part of the chapter I have explored the implications of that analysis for the currently topical issue of governance within the European Union. For this purpose I have sought to clarify and expand on ideas I have published elsewhere. In general, one would expect harmonization policies to be more appropriate for ‘heterogeneous legal products’ but not for ‘homogenous legal products’. Although the former are more likely to be identified with public, interventionist law, that is not always the case.
7. CONCLUSION In this chapter, I have attempted to articulate the principal economic and noneconomic reasons for regulating contracts for services, and to show how private law, as well as public law, has been used to implement these aims. In the latter part of the chapter I have explored the implications of that analysis for the currently topical issue of governance within the European Union. For this purpose I have sought to clarify and expand on ideas I have published elsewhere. In general, one would expect harmonization policies to be more appropriate for ‘heterogeneous legal products’ but not for ‘homogenous legal products’.
30–54. 3 4 1. 2. 3. 4. Utilities there is insufficient competition in the supply of the service; the consumers of services are affected by significant problems of information, thus making it difficult for them to select particular services to meet their preferences; the services provided generate significant externalities, that is, have consequences for third parties, for example environmental effects; the market does not fail in any of the above ways, but the outcomes are regarded by policymakers as unfair, because they infringe accepted notions of distributional justice.