Torts, a European ius commune and the private enforcement of Community law

Betlem, Gerrit (2005) Torts, a European ius commune and the private enforcement of Community law Cambridge Law Journal, 64, (1), pp. 126-148. (doi:10.1017/S0008197305006811).


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There is a lively debate among scholars in Europe about how, if at all, the private laws (tort, contract, property) of the European nation states should be harmonised. Views range from no harmonisation at all, soft law methods such as models contained in Principles, step by step case law developments, to a fully fledged binding European Civil Code. Another hotly debated issue is the disharmonisation (fragmentation) of domestic systems of private law as a result of current and ongoing EC level harmonisation. The prime consequence of this partial legislative intervention is an enhanced role for the judiciaries of those jurisdictions: they are inevitably entrusted with the fine-tuning of the interaction between domestic and EC private law. Alien concepts make their entry into a Member State’s Civil Code or common law doctrine that do not necessarily easily fit (one scholar has called these “legal irritants”). Most likely, for the foreseeable future, piecemeal harmonisation of specific, and more or less narrow, legal fields is the only show in town.

Item Type: Article
Digital Object Identifier (DOI): doi:10.1017/S0008197305006811
ISSNs: 0008-1973 (print)
Keywords: environment, european union, torts, breach of statutory duty, ec law, environmental liability, international law, tortious liability
ePrint ID: 27878
Date :
Date Event
Date Deposited: 10 May 2006
Last Modified: 16 Apr 2017 22:29
Further Information:Google Scholar

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