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The EU's Role in Global GovernanceThe Legal Dimension$
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Bart Van Vooren, Steven Blockmans, and Jan Wouters

Print publication date: 2013

Print ISBN-13: 9780199659654

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199659654.001.0001

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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: 21 January 2021

From the Nation State to the Market: The Evolution of EU Private Law as Regulation of the Economy beyond the Boundaries of the Union?

From the Nation State to the Market: The Evolution of EU Private Law as Regulation of the Economy beyond the Boundaries of the Union?

Chapter:
(p.59) 4 From the Nation State to the Market: The Evolution of EU Private Law as Regulation of the Economy beyond the Boundaries of the Union?
Source:
The EU's Role in Global Governance
Author(s):

Hans Micklitz

Dennis Patterson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199659654.003.0005

This chapter demonstrates how the European Union, being understood as a market state, affects the private legal orders of the Member States and the design of the emerging European private legal order; first within the EU (the inner space of EU Statecraft) and second in the relations of the EU to the outside world (the outer space of European Statecraft or global governance). The national private legal orders may be equated with the pre-modern state nation and later the nation state of the twentieth century, whereas the emerging European private law may be equated with the EU market state. In the inner space of the internal market, the EU is smoothly but steadily building a genuine private law that must be kept distinct from nation state codifications. In the outer space the EU market state — and the Member States nation states — are engaged in using private law as a means to influence global governance processes. The chapter begins by clarifying the notion and concept of the market state in its relation to the EU. It then sketches out the concept of European private law as economic law within the EU and outside the EU. Finally it looks into the role of the EU market state in global governance through private law means.

Keywords:   European Union, market state, legal orders, Member States, global governance, European private law, economic law

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