【European Law Journal】Rediscovering the public/private divide in EU private law
2021-06-08
| 期刊名：【European Law Journal】Rediscovering the public/private divide in EU private law |
| 卷數：Volume26, Issue1-2 |
| 出版時間：2020年3月 |
| 作者：Olha O. Cherednychenko |
| 出版者：John Wiley & Sons Ltd |
| I S S N：1468-0386 |
| 中文摘要： |
| 英文摘要：This article explores the role of the public/private divide within EU private law. It shows that although EU private law cuts across the boundaries of public and private law, the conceptual distinction between these well-established categories does matter within it and may lead to better law-making in the EU more generally. The legal grammar of a particular EU harmonisation measure—which can be more “public” or “private”—may have important implications for the position of private parties at national level, for the CJEU's likely activism in this context, and ultimately for the measure's ability to realise its policy goals. Therefore, instead of ignoring the existing differences between public and private law, EU law should explicitly adopt the public/private law language in its discourse, without, however, introducing any sharp divide between these two areas. |
| 年份：2020 |