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Unpublished Paper
Self-Sufficiency of European (Regulatory) Private Law: a Discussion Paper
EUI Working Papers LAW 2012/31; Hans-W. Micklitz & Yane Svetiev (eds.), A Self-Sufficient European Private Law – A Viable Concept?, in: EUI Working Papers Law No. 2012/31, pp. 83-88 (2012)
  • Jan M Smits, Maastricht University
Abstract
This brief paper is part of a larger publication on the 'self-sufficiency' of European regulatory private law. The question discussed is whether this is a viable concept to understand the regulatory efforts of the EU that have relevance for private parties. It turns out that the need for 'self-sufficiency' follows from the desire to have ‘stable practices’: it allows people to rely on a set of norms that is publicly recognised as binding on the collectivity. While national jurisdictions can be self-sufficient by emphasising their own values, principles and a coherent system through the State institutions, the European Union has to put the responsibility for ensuring these goods to a greater extent in the hands of private actors.
Keywords
  • Regulatory private law,
  • European Union,
  • Stable practices,
  • Access justice
Disciplines
Publication Date
2012
Citation Information
Jan M Smits. "Self-Sufficiency of European (Regulatory) Private Law: a Discussion Paper" EUI Working Papers LAW 2012/31; Hans-W. Micklitz & Yane Svetiev (eds.), A Self-Sufficient European Private Law – A Viable Concept?, in: EUI Working Papers Law No. 2012/31, pp. 83-88 (2012)
Available at: http://works.bepress.com/jan_smits/66/