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The Emergence of EU Contract LawExploring Europeanization$
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Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

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European Contract Law and Multi-Level Europe

European Contract Law and Multi-Level Europe

Chapter:
(p.150) 5 European Contract Law and Multi-Level Europe
Source:
The Emergence of EU Contract Law
Author(s):

Lucinda Miller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606627.003.0005

This chapter highlights the multi-level architecture in which contract law operates in Europe and makes a plea for this governance structure to be taken far from seriously in the design of European contract law. The chapter introduces the general theme of multi-level governance before analysing the interaction between national and European levels of governance. It then examines the additional normative layers - international and Lex Mercatoria – in order to reveal the complex, fluid, interlocking and heterarchical European legal space. Normative pluralism emerges as an inevitable feature in private law making it essential that the EU conditions its private law programme to this plural reality. However, the Commission’s ability to respond to the legal environment is hampered by methodological nationalism. In addition, the national jurist has often responded inadequately to the post-national challenge of multi-level governance, basing resistance to European harmonisation on inappropriate, nationally-tied notions of coherence and culture.

Keywords:   Multi-level governance, lex mercatoria, methodological nationalism, coherence, culture, normative pluralism, interaction, post-national, heterarchy

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