National Resistance against the Europeanisation of Private Law
Summary of the Project
This project seeks to explore the resistance that exists against European integration in the field of private law by looking at two reasons for such resistance: nationalist ideology and the behaviour of firms and consumers. It thus proposes an interdisciplinary approach in trying to answer one of the most fundamental questions about unification of (private) law: what explains national resistance against unification? In particular, this project focuses on the role of two particular factors which can explain national resistance, i.e. nationalist ideology (expressed in the guise of cultural and economic arguments) and the behaviour of the actors to be affected by legal unification.
Project Leaders
Prof. Jan Smits - University of Tilburg
Prof. Martijn Hesselink - University of Amsterdam
Researchers
Gary Low - Tilburg University
Guido Comparato - University of Amsterdam
Duration
July 2008 – August 2011
Grant Awarded
€ 260.000,-
Matching
€ 30.000,-
Past Events
A one-day roundtable conference was held on 5 March 2010, The Hague. Read more.
Scientific Publications
- Smits, J.M. (2009) “Full Harmonization of Consumer Law? A Critique of the Draft Directive on Consumer Rights”. TICOM Working Paper on Comparative and Transnational Law 2009/2
- Low, G. (2009) "How and Why We Are (Not) Bothered By the Costs of Legal Diversity - A Behavioural Approach to the Harmonization of European Contract Law". Tilburg Institute of Comparative and Transnational Law Working Paper No. 2009/8
- Low, G (2010) "The (Ir)Relevance of Harmonization and Legal Diversity to European Contract Law: A Perspective from Psychology". European Review of Private Law, Vol. 2, 2010, pp. 285 - 305
- Low, G. (2010) “ ‘Bounded’ Regulatory Competition In The Market For European Contract Laws”, paper presented on the Roundtable Conference on Harmonisation and Diversity in European Contract Law - Perspectives from Economics and Psychology, 5 March 2010, Tilburg
Contact Information
Katarzyna Kryczka
Research and Programme Officer
k.kryczka@hiil.org
+31 70 349 4406
For more information, please visit the project's webpage.
