A common law for Europe

A common law for Europe

A common law for Europe

Law of Europe > Regional organization and integration (Europe) > The European Communities. Community law > Theory and methodology of uniform law development. Integration of law > General

Edition Details

  • Creators or Attribution (Responsibility): Gian Antonio Benacchio, Barbara Pasa
  • Language: English
  • Jurisdiction(s): Hungary
  • Publication Information: Budapest ; New York : Central European University Press, 2005
  • Publication Type (Medium): Electronic books
  • Material: Document, Internet resource
  • Type: Internet Resource, Computer File
  • Series title: Guide to European private law.
  • Permalink: http://books.lawlegal.eu/a-common-law-for-europe/ (Stable identifier)

Additional Format

Print version: Benacchio, Gian Antonio. Common law for Europe. Budapest ; New York: Central European University Press, 2005 (DLC) 2005011522 (OCoLC)59711987

Short Description

1 online resource (VIII, 320 pages).

Purpose and Intended Audience

Useful for students learning an area of law, A common law for Europe is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

  • Providing references to further research sources: Search

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Bibliographic information

  • Publisher: Central European University Press
  • Responsable Person: by Gian Antonio Benacchio and Barbara Pasa ; translated by Lesley Orme.
  • Publication Date: 2005
  • Country/State: Hungary
  • Number of Editions: 14 editions
  • First edition Date: 2005
  • Last edition Date: 2006
  • Languages: English, Hungarian
  • Library of Congress Code: KJE960
  • Dewey Code: 341.2422
  • ISBN: 1423742192 9781423742197 9786155053801 6155053804 1282286218 9781282286214
  • OCLC: 62675819

Main Contents

Private law of the European Community : the process of harmonisation, uniformisation, and unification
The diffusion of legal rules and models and the transposition of concepts
Harmonisation as an instrument for the reinforced pre-accession strategy
Institutions and sources of community law
The adaptation of national laws to community law
A Common law for Europe?

Table of Contents

Chapter I: Private law of the European Community: the process of harmonisation, uniformisation and unification.
1. Foreword
2. European Union and European Community
3. The Treaty establishing a Constitution for Europe
4. 'European' federalism
5. The last enlargement
6. Economic and monetary integration
7. The acquis communautaire
8. The dynamics of legal transplants
9. Defining 'European Community Private Law'
10. Unification and uniformisation of the law
11. Harmonisation of the law
11. Effects on national laws
12. 'Communitarisation' of national laws
13. Areas of law which are affected by European Community Private law
14. Comparative law and European Community Private law
Bibliography Chapter I
Chapter II: The diffusion of legal rules and models and the transposition of concepts
1. Foreword
2. The diffusion of intra-Community models
3. The incorporation of extra-Community models
4. Compromise models
5. The Court of Justice, national courts and the circulation of legal models
6. Competition between legal models, political forces and economic policies
7. Language problems
8. Old terms for new concepts: some examples
9. The new concepts
Bibliography Chapter II
Chapter III: Harmonisation as an instrument for the 'Reinforced Pre-Accession Strategy'
1. Foreword
2. The enlargement of the European Union to include the CEECs
3. The legal frame of reference
3a) Europe Agreements
3b) White Paper on 'Preparation of the Associated Countries of Central and Eastern Europe for integration into the internal market of the Union'
3c) Agenda 2000. 'For a stronger and wider Union-The challenge of enlargement'
3d) PHARE, ISPA and SAPARD programmes
3e) 'Reinforced pre-accession strategy': the Accession Partnerships
3f) APs and Regular Reports of the Commission
3g) APs and National Programmes for the Adoption of the Acquis (NPAAs)
4. The Accession Treaty
5. The central role played by the European Council in the enlargement process
6. The activity of the European Bank for Reconstruction and Development
Bibliography Chapter III
Chapter IV Institutions and sources of Community law
1. Foreword
2. European integration
2a) Community and national competences
2b) The principle of subsidiarity
2c) The Constitution for Europe and the new rules
3. The institutional actors of European integration
4. The sources of Community law and their effect
5. Direct effect of Treaty provisions
6. Supremacy of Treaty provisions over domestic law
7. Direct effect of Regulations
8. Supremacy of Regulations over domestic laws
9. The Directives
10. The Decisions of the Commission
Bibliography Chapter IV
Chapter V: The adaptation of national laws to Community law
1. Foreword
2. The transposition of directives: the Italian 'Community Act' as an ILlustration
3. Remedies for failure to implement or incorrect implementation of the directives
3a) Directives which implement Treaty provisions which are already binding
3b) Directives of a prohibitory nature
3c) Directives which are sufficiently precise and unconditional
4. National entities bound to apply non-implemented directives
5. Vertical and horizontal direct effect of non-implemented directives
6. The position of national courts
7. The interpretation of national law 'in conformity' with Community law
8. Member States' liability in damages for breach of Community law
Bibliography Chapter V
Chapter VI: A Common Law for Europe?
1. Foreword
2. Community law, Comparative law and European law
3. A return to jus commune?
4. The lex mercatoria and other unifying commercial practices
5. The initiatives for unification: Code, Restatement, and Collection of principles
5a) The Pavia group
5b) The McGregor Contract Code
5c) The Principles of European Contract Law
5d) The European Civil Code Project
5e) The Trento Common Core Project
5f) The Acquis Group
5g) Other initiatives
6. A VIew of European common law: uniformisation and diversity
Bibliography Chapter VI
List of abbreviations
List of Tables

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