This book explores the significance of Europeanization for the relationship
between private law and the state, by focusing on the emergence of European
Union contract law.
Lucinda Miller begins by critically examining each of the central concepts,
in particular those of ‘Europeanization’ and ‘private law’, and the
varying assumptions – theoretical, political, and ideological – which underpin
them. She moves on to look at the emergence and development
of EU contract law over time by the European Court of Justice and
through legislation, noting how the imperatives of market integration and
the Treaty competences on harmonization affect and shape the nature, the
aims, and justification offered for EU contract law.
Using a study of the domestic reception of the EU Sales Directive, the
author focuses on the interplay between EU and national contract law
to examine some of the unintended adverse consequences of the EU’s –
and particularly the Commission’s – efforts at harmonization of law in this
field. Criticizing the push towards uniformity and harmonization upwards,
she argues that a better future for European contract law lies in finding
and designing mechanisms to facilitate productive rather than destructive
interaction between the legal orders.
In a chapter on the Common Frame of Reference and the Review of
the Consumer Acquis, she examines the Commission’s move towards a
broader strategy to develop a coherent European contract law in the place
of a sector specific maximum-harmonization approach, and contemplates
the advantages of a non-legislative approach which would not be shaped by
competence constraints. Criticizing the Commission’s unwillingness to
address the political values that European contract law should reflect, the
author situates the topic of European private law within the context of
the literature on multi-level governance. She argues that EU contract law
should not reflect a hierarchical notion of governance and should move
away from methodological nationalism which takes the nation state as the
reference point.