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From the Nation State to the Market: The Evolution of EU Private Law as Regulation of the Economy beyond the Boundaries of the Union?

Micklitz, Hans, Patterson, Dennis and Wouters, Jan (2013) From the Nation State to the Market: The Evolution of EU Private Law as Regulation of the Economy beyond the Boundaries of the Union? In: The EU's Role in Global Governance: The Legal Dimension. Oxford University Press. ISBN 9780199659654

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Abstract

This chapter demonstrates how the European Union, being understood as a market state, affects the private legal orders of the Member States and the design of the emerging European private legal order; first within the EU (the inner space of EU Statecraft) and second in the relations of the EU to the outside world (the outer space of European Statecraft or global governance). The national private legal orders may be equated with the pre-modern state nation and later the nation state of the twentieth century, whereas the emerging European private law may be equated with the EU market state. In the inner space of the internal market, the EU is smoothly but steadily building a genuine private law that must be kept distinct from nation state codifications. In the outer space the EU market state — and the Member States nation states — are engaged in using private law as a means to influence global governance processes. The chapter begins by clarifying the notion and concept of the market state in its relation to the EU. It then sketches out the concept of European private law as economic law within the EU and outside the EU. Finally it looks into the role of the EU market state in global governance through private law means.

Item Type: Book Section
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
NameEmailORCID
Micklitz, HansUNSPECIFIEDUNSPECIFIED
Patterson, Dennisd.patterson@surrey.ac.ukUNSPECIFIED
Wouters, JanUNSPECIFIEDUNSPECIFIED
Date : May 2013
Identification Number : 10.1093/acprof:oso/9780199659654.003.0005
Copyright Disclaimer : © Oxford University Press 2013
Uncontrolled Keywords : European Union, market state, legal orders, Member States, global governance, European private law, economic law
Depositing User : Karen Garland
Date Deposited : 07 Dec 2017 16:04
Last Modified : 07 Dec 2017 16:04
URI: http://epubs.surrey.ac.uk/id/eprint/845169

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