Integration and Diversity: The Conflict of Laws as a Regulatory Tool
In achieving European integration, both private law and public law should entail coming up with and imposing new tools for multi-level governance and the implementation of suitable regulatory strategies. Because substantive unification is perceived as a ‘discredited option’ whether it is enforced through a ‘common frame of reference’ or through a code, it may be irrelevant to cases of private law which encompass torts and cross-border contracts since it covers the administrative authorizations for services and the product quality rules applied to goods. Although the Commission proposed a Directive on Services in the Internal Market that would address using the principle of country of origin, derogations, harmonization, and other such issues, it is noteworthy that the conflict of laws has been somehow absorbed by the mutual recognition principle. This chapter examines why using the disappearance of the conflict of laws as a means for regulation may pose certain problems.
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