Civil Courts and the European Polity - The Constitutional Role of Private Law Adjudication in Europe

The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe''s political constellation. It aspires to enrich two debates - the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.>

About the author

Chantal Mak is Professor of Fundamental Rights and Private Law at the Amsterdam Centre for Transformative Private Law (ACT), University of Amsterdam, the Netherlands.Betül Kas is a Post-Doctoral Researcher at Erasmus University Rotterdam, the Netherlands.

Product details

• Authors: Betul Kas, Chantal Mak
• Assisted by: Betül Kas (Editor), Chantal Mak (Editor)
• Publisher: Hart Publishing
• Languages: English
• Product format: Paperback / Softback
• Released: 01.06.2025
• EAN: 9781509969166
• ISBN: 978-1-5099-6916-6
• No. of pages: 296
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Comparative, comparative law, Western Europe, Systems of law: civil codes / civil law, Western Continental Europe, Courts & procedure, Legal systems: courts and procedures, Civil codes / Civil law, European law; Public law; Private law; Polity