Suchergebnisse

Defence date: 21 June 2017 ; Examining Board: Prof. Hans-W. Micklitz, EUI (Supervisor) Prof. Marise Cremona, EUI Prof. Laurence Gormley, University of Groningen Prof. Fernanda Nicola, Washington College of Law, American University ; The aim of this thesis is to illustrate, on the basis of a socio-legal study presented in three qualitative case studies, the role of hybrid collective remedies in enforcing European socially oriented regulation, in particular environmental law, anti-discrimination law and consumer law, for the creation of a European social legal order, which is able to gradually counter its perceived internal market bias. The hybrid collective remedies at stake in the three case studies – each case study constituted by a preliminary reference to the CJEU – are symptomatic of the three legal-political fields at stake. With the EU taking a leading role in the three fields for the purpose of complementing the creation of an internal market, the EU has decoupled the fields from their national social welfare origin and re-established a policy which is not so much based on ensuring social justice, but more based on procedural mechanisms to ensure access justice. Likewise, the EU left the creation of collective remedies fostering a genuine protective purpose to the Member States. The national and European models of justice underlying the three legal-political fields and their remedies are of a complementary, i.e., of a hybrid nature, and are moving towards the creation of an integrated European social order. The creation of the European social order via national actors using the preliminary reference procedure to implement the three policies at stake goes hand in hand with the creation of a European society.

"Maybe not surprisingly, public law has always been seen as the vehicle for driving polity building in Europe. But what role might private law play? This collection argues that it plays a crucial one, as interactions in civil society, which it governs, are the bedrock of any shared identity. It take a four part approach when doing so; firstly it explores the theoretical questions at play before moving onto a discussion of judicial activity in European private law. Next it offers case studies to further support its position. Finally it offers a mosaic where expert practitioners articulate the role that European private law judges see for themselves in building common ground. This important book will be read with interest by all scholars of European law, both public and private."--

Abstract
This article provides an overview of cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of February and the end of June 2019.

Abstract
This article provides an overview of cases decided by the Court of Justice of the European Union (CJEU) concerning contract law. The present issue covers the period between mid-January 2018 and mid-July 2018.