Description
Book SynopsisNotwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US.
Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere.
Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels.
Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gómez Pomar, M. Józon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. Timmermans
Trade Review'In 2014, the European Commission proposal for an optional European sales law was withdrawn. Meanwhile, the discussion of a European private law has become very successful. The existing acquis
has been supplemented by a wealth of case law. This has resulted in an intensive dialogue of national courts, the Court of Justice of the European Union and the European Court of Human Rights. In this book, the recent arrival on the scene of European and national regulators is welcomed and analysed.' --Ewoud Hondius, University of Utrecht, the Netherlands
Table of ContentsContents: 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law 2. Looking Behind the Scene of Judicial Cooperation in Preliminary Procedures Christiaan Timmermans 3. Fields of Application of the Charter of Fundamental Rights and Constitutional Dialogues in the European Union Marak Safjan 4. The Structure of US Federal and State Courts and Mechanisms for Formal and Informal Resolution of Conflicts Anthony J. Scirica 5. Spanish Courts, the European Court and Consumer Law: Some Thoughts on their Interaction Fernando Gómez Pomar and Karolina Lyczkowska 6. The Methodology of Judicial Cooperation in Unfair Contract Terms Law Mónika Józon 7. The CJEU’s Interpretation of the Consumer: What Significance of Judicial Cooperation? Stephanie Law 8. European fundamental rights and private litigations: judicial dialogue and judicial governance Aurelia Colombi Ciacchi 9. On the Transformations of European Consumer Enforcement Law: Judicial and Administrative Trialogues, Instruments and Effects Fabrizio Cafaggi Index
