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The Regulatory StateConstitutional Implications$
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Dawn Oliver, Tony Prosser, and Richard Rawlings

Print publication date: 2010

Print ISBN-13: 9780199593170

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199593170.001.0001

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Private Law‐making and European Integration: Where Do They Meet, When Do They Conflict? 1

Private Law‐making and European Integration: Where Do They Meet, When Do They Conflict? 1

Chapter:
(p.201) 10 Private Law‐making and European Integration: Where Do They Meet, When Do They Conflict?1
Source:
The Regulatory State
Author(s):

Fabrizio Cafaggi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199593170.003.0010

This chapter addresses the role of private law-making (PLM) in European legal integration. It argues that PLM has significantly contributed, and can further contribute, to European legal integration but it has also changed the meaning and the scope of integration, and does not coincide entirely with harmonization of rules and institutions. In particular, PLM has reinforced the regulatory and policy-oriented nature of European private law. But PLM goes well beyond the domain of private law, influencing the core instruments and principles of European market design and regulation. It has played a significant role in the creation of an integrated payment system (Euro payment), a European financial market, a European trading system including electronic commerce, and even of a private social security system (pension funds and other forms). It has played an important role in consumer and environmental protection by contributing to the definition of product and services safety. PLM has provided the basis for many technical standards including safety standards related to both products and processes.

Keywords:   European legal integration, PLM, regulation

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