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This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.

Product safety -- Law and legislation -- European Union countries. --- Product safety -- Law and legislation. --- Product safety. --- Product safety --- Law and legislation --- Commercial products --- Safety measures --- Law. --- Modern philosophy. --- Political science. --- Law --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- European Law. --- Philosophy of Law. --- Theories of Law, Philosophy of Law, Legal History. --- Modern Philosophy. --- Private International Law, International & Foreign Law, Comparative Law. --- Fundamentals of Law. --- Philosophy. --- Consumer protection --- Products liability --- Warning labels --- Philosophy of law. --- Philosophy, modern. --- Private International Law, International & Foreign Law, Comparative Law . --- Modern philosophy --- Law—Europe. --- Law—Philosophy. --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law

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This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

Law and economics. --- Commercial law --- Europe --- Economic policy. --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- Law and legislation --- Political science. --- Civil law. --- Theories of Law, Philosophy of Law, Legal History. --- Political Science. --- Civil Law. --- European Law. --- Public International Law . --- Private International Law, International & Foreign Law, Comparative Law . --- Law, Civil --- Private law --- Roman law --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Law—Philosophy. --- Law. --- Law—Europe. --- Public international law. --- Private international law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Civil law --- International law.

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This book analyses EU food law from a regulatory, economic and managerial perspective. It presents an economic assessment of strategies of food safety regulation, and discusses the different regulatory regimes in EU food law. It examines the challenges of food safety in the internal market as well as the regulatory tools that are available. The book’s generic theorising and measurement of regulatory effects is supplemented by detailed analysis of key topics in food markets, such as health claims, enforcement strategies, and induced risk management at the level of the organizations producing food. The regulatory effects discussed in the book range from classical regulatory analysis covering e.g. effects of ex-ante versus ex-post regulation and content-related versus information-related regulation to new regulatory options such as behavioral regulation. The book takes as its premise the idea that economic considerations are basic to the design and functioning of the European food supply arena, and that economic effects consolidate or induce modification of the present legal structures and principles. The assessments, analyses and examination of the various issues presented in the book serve to answer the question of how economic theory and practice can explain and enhance the shaping and modification of the regulatory framework that fosters safe and sustainable food supply chains.

Foreign trade. International trade --- European law --- Commercial law --- voedselveiligheid --- handelsrecht --- wereldeconomie --- Europees recht --- internationale economie --- Europe

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In recent years, food law has taken on an increasingly prominent role in political discourse, with calls for a more sustainable food system challenging the legal status quo. A thorough legal perspective is thus indispensable for grasping the complexities of the EU food system and political quests for change.In the first monograph of its kind, Hanna Schebesta and Kai Purnhagen offer an authoritative and comprehensive overview of EU food legislation. Drawing on the authors' experience researching and teaching in the field, EU Food Law explores how political paradigms have shaped the development of laws in a variety of domains, including food technology, food safety, food information, food quality, nutrition, and sustainability.The book begins with insightful analyses of the historical foundations of EU food law and two existing umbrella frameworks: the General Food Law Regulation and the Official Controls Regulation. The book then presents an in-depth discussion of the food law acquis before contextualising EU law against international food law. Schebesta and Purnhagen have created the definitive resource on EU food law, offering a balanced treatment of the subject across eighteen carefully structured chapters. This volume is essential reading for students, academics, and practitioners alike.

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European harmonisation efforts such as a European civil code, European constitutional treaties, European principles, and European fundamental rights are frequently criticised for building on or creating a European legal culture that does not exist; in reality what we have is European legal pluralism. Some have argued that the pluralistic structure of European law hinders the development of a community, which is a necessary requirement for a European legal culture. And if there can be no common European legal culture then there is no basis for harmonising exercises. The contributors to this book explore in different legal areas whether in fact the contrary is true. Cultural pluralism might indeed be a distinctive feature of European legal culture. Diversity is not something that is in opposition to, but rather constitutes a new, different understanding of European legal culture. The contributions demonstrate in detail how such an approach inter alia in the areas of private, corporate, administrative and constitutional law furthers understanding of a developing European legal culture, how it offers theoretical and doctrinal insights, and how it adds critical perspective -- Provided by Publisher.

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