Civil Courts and the European Polity: The Constitutional Role of Private Law Adjudication in Europe

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Maybe not surprisingly, public law has always been seen as the vehicle for driving polity building in Europe. But what role might private law play This collection argues that it plays a crucial one, as interactions in civil society, which it governs, are the bedrock of any shared identity. It take a four part approach when doing so; firstly, it explores the theoretical questions at play before moving onto a discussion of judicial activity in European private law. Next, it offers case studies to further support its position. Finally, it offers a mosaic where expert practitioners articulate the role that European private law judges see for themselves in building common ground. This important book will be read with interest by all scholars of European law, both public and private.

Author Bio

Chantal Mak is Professor of Fundamental Rights and Private Law at the Amsterdam Centre for Transformative Private Law (ACT), the Netherlands. Betl Kas is a Post-Doctoral Researcher at Erasmus University Amsterdam, the Netherlands.