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The development of European private law in a multilevel legal order
In: Ius commune europaeum 144
"Using insights from multilevel governance and pluralism, this book provides an ... analysis of the development of European private law in the Dutch and German legal order. The book focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law. On the one hand, the discourse on multilevel governance draws attention to the possibility that problems may arise if interdependent actors do not sufficiently interact. This may be the case in European private law, where national and European legislators and courts have become increasingly interdependent on one another in ensuring that European private law develops predictably, consistently, accessibly, and responsively. The book analyzes the development of European private law by national and European state actors through codifications, blanket clauses, soft laws and general principles in the light of interdependence. In addition, non-state actors have played an increasingly important role in developing binding rules in European private law. This development necessitates more interaction between actors, and more attention for the potentially binding effect of privately developed rules on third parties' rights. The book accordingly develops a normative framework to determine the extent to which private actors should be able to develop binding rules, based on principles of democracy, private autonomy, and concerns for hetero-determination. On the other hand, pluralism perspectives advocate the development of European private law at different levels and jurisdictions in the light of responsiveness, regulatory competition, and opportunities for mutual learning. The book explores whether these benefits have materialized in the development of European private law, drawing attention to failed and successful instances of regulatory competition and mutual learning, and resulting innovations. The book sketches new governance techniques that may help interdependent actors take into account one another's initiatives and benefit from each other's insights, although they may also entail hetero-determination."--
The common law of Europe and the future of legal education
In: Ius commune europaeum
Civil justice between efficiency and quality: from ius commune to the CEPEJ
In: Ius commune Europaeum 74
Agencies in European and comparative perspective
In: Ius commune Europaeum 42
Environmental standards in the European Union in an interdisciplinary framework
In: Ius commune 8
Evidence in contemporary civil procedure: fundamental issues in a comparative perspective
In: Ius commune Europaeum 139
"Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well."--Back cover
Current issues of cross border establishment of companies in the European Union
In: Ius commune 14
Shifts in compensation between private and public systems
In: Tort and insurance law 22
The evolving role of parliaments in Europe: [Symposium on Democracy in Europe: the Evolving Role of Parliaments, held at the Univ. of Limburg on 14 May 1993]
In: Ius commune 3