The Constitutional Dimension of Private Law Liability Rules in the EU
The Involvement of EU Law in Private Law Relationships, D. Leczykiewicz & S. Weatherill, eds., Hart Publishing, 2013
24 Pages Posted: 2 Mar 2013 Last revised: 15 Sep 2013
Date Written: July 28, 2012
Abstract
The chapter explores the constitutional dimension of private law liability rules in the EU. The functions of a constitution are generally regarded to include the protection of individual autonomy by limiting the powers of government, the maintenance of separation of tasks and competences between different branches of government, and the safeguarding of the rule of law. The chapter argues that the involvement of EU law in private law liability rules should take account of concerns which flow from the principles of constitutionalism. It explains the failure of the existing conceptual structure of EU law to account for considerations which stem from the principles of constitutionalism. In the light of this deficiency the chapter discusses the role of individual conditions of EU liability in private law in achieving at least some respect for the principles of constitutionalism.
Keywords: EU law, private party liability, private autonomy, principles of constitutionalism
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