Jump to ContentJump to Main Navigation
The Emergence of EU Contract LawExploring Europeanization$
Users without a subscription are not able to see the full content.

Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 October 2020

European Contract Law and Multi-Level Europe

European Contract Law and Multi-Level Europe

(p.150) 5 European Contract Law and Multi-Level Europe
The Emergence of EU Contract Law

Lucinda Miller

Oxford University Press

This chapter highlights the multi-level architecture in which contract law operates in Europe and makes a plea for this governance structure to be taken far from seriously in the design of European contract law. The chapter introduces the general theme of multi-level governance before analysing the interaction between national and European levels of governance. It then examines the additional normative layers - international and Lex Mercatoria – in order to reveal the complex, fluid, interlocking and heterarchical European legal space. Normative pluralism emerges as an inevitable feature in private law making it essential that the EU conditions its private law programme to this plural reality. However, the Commission’s ability to respond to the legal environment is hampered by methodological nationalism. In addition, the national jurist has often responded inadequately to the post-national challenge of multi-level governance, basing resistance to European harmonisation on inappropriate, nationally-tied notions of coherence and culture.

Keywords:   Multi-level governance, lex mercatoria, methodological nationalism, coherence, culture, normative pluralism, interaction, post-national, heterarchy

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .