Original scientific paper
Does the European Union Have the Competence to Regulate Private (especially Contract) Law?
Tamara Perišin
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
In the field of private law, in particular in contract law, there is an increasing number of initiatives and academic projects which consider the possibility of extensively regulating that area at the European Union level. However, the fact that for adopting EU rules certain substantial and formal conditions relating to the principles of conferred competence, subsidiarity and proportionality must be met is frequently left out of the discussion. While many studies are in progress, the currently available incomplete data suggests that the EU might have a competence to regulate contract law, but there is no such data for other fields of private law. Furthermore, even for regulating contract law, there is currently no competence for harmonisation, but merely for adopting acts which would limit national regulatory autonomy to a lesser extent.
Keywords
conferred competences; subsidiarity; proportionality; contract law; private law
Hrčak ID:
100075
URI
Publication date:
28.12.2012.
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