Civil Courts and the European Polity: The Constitutional Role of Private Law Adjudication in Europe 1st Edition Chantal Mak

Civil Courts and the European Polity: The Constitutional Role of Private Law Adjudication in Europe 1st Edition Chantal Mak – Ebook Instant Download/Delivery ISBN(s): 9781509941674,9781509941704, 9781509941681, 1509941681

Product details:

• ISBN 10: 1509941681
• ISBN 13: 9781509941681
• Author: Chantal Mak and Betül Kas

The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe’s political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

Table contents:

1. Civil Courts and the European Polity: An Introduction
PART I: THE POLITICS OF EUROPEAN PRIVATE LAW ADJUDICATION
2. Judge-Made European Private Law and European Polity-Building
3. On the Doubly Constitutionalising Character of European Contract Law
4. Reimagining Europe Through Private Law Adjudication
5. Deconstructing the CJEU’s Jurisprudence to Enable Judicial Dialogue
PART II: RIGHTS
6. The Societal Impact of EU Anti-discrimination Law: Widening and Deepening Equality in the Private Sphere
7. Freedom of Speech, Consumer Protection and the Duty to Contract
PART III: REMEDIES
8. Article 47 of the Charter of Fundamental Rights in the Case Law of the CJEU: Between EU Constitutional Essentialism and the Enhancement of Justice in the Member States
9. Justice in Times of Crisis: The Signalling Function of Article 47 of the Charter of Fundamental Rights in Consumer Debt Collection Cases
10. Judicial and Administrative Protection Intertwined: The Right to an Effective, Proportionate and Dissuasive Remedy
PART IV: REPRESENTATION
11. Representing Future Generations Through European Private Law Climate Change Litigation
12. The Case of the Ilva Steel Plant: A Never-Ending Battle between Health, the Environment and Employment
13. The Causal Link in Tort-Based Climate Change Litigation: A Challenge for the Courts
PART V: REFLECTIONS
14. The Job of the Judge in the Supranational European Rule of Law
15. Lights and Shadows of the Aziz Case

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