The ‘Instruments’ for Implementing European Private Law – The Influence of the 
ECJ Case Law on the Development and Formation of European Private Law

Trstenjak, Verica

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The ‘Instruments’ for Implementing European Private Law – The Influence of the ECJ Case Law on the Development and Formation of European Private Law

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Trstenjak, Verica
Max Planck Institute Luxembourg, Max Planck Society;

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Trstenjak, V. (2013). The ‘Instruments’ for Implementing European Private Law – The Influence of the ECJ Case Law on the Development and Formation of European Private Law. In L. Moccia (Ed.), The making of European Private Law: why, how, what, who (pp. 77-92). München: Sellier.

Cite as: https://hdl.handle.net/11858/00-001M-0000-0026-A56F-0

Abstract

After Lisbon, European integration has moved towards new and more ambitious objectives, with the aim of strengthening the Union’s institutional architecture as well as rationalising and legitimising its legal order. Within this broad context, the making of European private law is a challenge that faces basic questions, such as:"Why European private law is needed?","How European private law could and should be set up?","What areas, to what extent and what policy objectives could and should be involved?" and"Who carries the responsibility of making it?". The book, through a variety of thematic contributions, offers several insights for a wide-ranging reflection on such issues, together with a more specific analysis of the most recent Commission’s proposal for a regulation on a "Common European Sales Law" (CESL).