“The EU Codification of Private Law: Between Constitutional and Regulatory Rationales”, Maryia Breskaya (CoE, Poland)

This article draws a parallel between the national and supranational contexts of constructing Private Law systems and analyses whether national experience is applicable for the definition of the European Private Law and its place within already internally fragmented national legal systems. The new challenges of market integration within the EU transform the classical definition of Private Law and substitute its rationales by the functional understanding of private legal norms. While the national system of Private Law aims at securing the equality between private parties in the civil relations, the EU Private Law intends to ensure the equality of market access. While national systems develop legal protection of the citizen, the EU project is about the legal protection of the consumer. At the same time, the so-called draft of the European Civil Code still tries to define the new concept of the purely market-oriented EU Private Law through the national practices of codification.

The publication can be found here (in Polish).