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Constitutionalization of European Private Law – XXII/2 - Oxford Scholarship Online
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Constitutionalization of European Private Law: XXII/2

Hans Micklitz


The impact of human rights and fundamental rights on private law has gained increasing prominence over the last five to ten years and has led to a number of in-depth studies. ‘Constitutionalization of private law’ is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders sails. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization rather than constituent power, demos, and the magical constitutional moment. The Charter of Fundamental Rig ... More

Keywords: constitutionalization, private law, constitution, Charter of Fundamental Rights, European Convention on Human Rights, EU law

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780198712107
Published to Oxford Scholarship Online: May 2014 DOI:10.1093/acprof:oso/9780198712107.001.0001


Affiliations are at time of print publication.

Hans Micklitz, editor
Professor of Economic Law, European University Institute