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

Edited by Chantal Mak and Betül Kas

University of Amsterdam & Erasmus University Rotterdam

The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity.

The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe’s political constellation. It looks at 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 dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.

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.

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