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Constitutionalization of European Private LawXXII/2$
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Hans Micklitz

Print publication date: 2014

Print ISBN-13: 9780198712107

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780198712107.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 September 2021

The Fifth European Union Freedom

The Fifth European Union Freedom

(p.61) 3 The Fifth European Union Freedom
Constitutionalization of European Private Law

Giovanni Comandé

Oxford University Press

This chapter discusses the role of EU citizenship in redefining the scope of fundamental rights by aggregating new bundles of rights. It argues that EU citizenship takes form through case law as the fifth economic freedom, redefining EU citizens’ rights within the private sphere. The interplay between national and European private law with this unorthodox notion of citizenship extends beyond the creation of a novel form of supra/transnational state and legal rules. The chapter claims that EU citizenship coupled with cases on private law and regulation nurture a new dimension of civic aggregation and political engagement from the bottom up. It develops a decentralized mode of constructing civic networks and civic identity silently forging an EU identity by gathering and depicting values slowly forged by the intertwining legal systems of EU member states.

Keywords:   private law, fundamental rights, EU citizenship, transnational law, economic freedom, identity building, reverse discrimination, democratic gap, jurisprudence, regulation

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