Making European Tort Law: The Game and its Players

Cardozo Journal of International & Comparative Law, Vol. 20, pp. 45-87, 2010

22 Pages Posted: 16 Aug 2009 Last revised: 6 Jan 2013

See all articles by Marta Infantino

Marta Infantino

University of Trieste School of Law

Date Written: August 14, 2009

Abstract

In the last decades, building a common European tort law has become a primary goal for many European institutions and research groups. On the one hand, EU institutions frequently highlight the need of simplifying the current diversity in European tort law, and try to achieve this goal injecting the European legal framework with (so far quite incoherent) pieces of legislation. On the other hand, many research groups aim to enhance the Europanization process through means that are much differentiated one to the other. Some of these groups (like the European Group on Tort Law and the Study Group on a European Civil Code) adopt a top-down approach, and seek to draft a ‘soft’ European tort law. Others (e.g. the ‘Ius Commune Casebook for a Common Law of Europe’ project and the ‘Common Core of European Private Law’ project) follow a bottom-up path, committed as they are to develop a better knowledge on tort law across the European law-users. Despite the number and the qualities of such enterprises, there is no agreement on what should be done nor on who should do it. It is from this debate that the paper takes off, aiming to offer an overview of the endeavours currently under way, of the different techniques and methodologies they adopt, and of the possible outcomes that they are likely to produce in the short run as well as in the long run.

Keywords: European tort law

JEL Classification: K13

Suggested Citation

Infantino, Marta, Making European Tort Law: The Game and its Players (August 14, 2009). Cardozo Journal of International & Comparative Law, Vol. 20, pp. 45-87, 2010, Available at SSRN: https://ssrn.com/abstract=1452804 or http://dx.doi.org/10.2139/ssrn.1452804

Marta Infantino (Contact Author)

University of Trieste School of Law ( email )

Piazzale Europa 1
Trieste, Trieste 34100
Italy
00390405583236 (Phone)
00390405587646 (Fax)

HOME PAGE: http://www2.units.it/~dircomp/infantino.htm

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