RT Article
T1 Theoretical reflections on the public-private distinction and their traces in European Union law
JF Oñati Socio-Legal Series
VO 2
IS 4
SP 25
OP 59
A1 Semmelmann, Constanze 1979-
LA English
YR 2012
UL https://krimdok.uni-tuebingen.de/Record/1701944383
AB From its inception, EU law has been organised with (economic) integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures.
CN 360
K1 Europäische Union
K1 Privatrecht
K1 Öffentliches Recht
K1 European Union law
K1 Evolution of European Union law
K1 Public-private distinction
K1 Role of private parties in European Union law
DO 10.15496/publikation-42961