Maastricht Private Law Lecture 2017: Prof. dr. Reinhard Zimmermann

zimmerman300x400

The Maastricht Private Law Lecture, hosted by the Maastricht Department of Private Law, is an annual event at which a most distinguished scholar is invited to give a lecture on a topic related to the wide field of private law. The lecture is preceded by an interactive seminar with PhD-researchers.

The 2017 Maastricht Private Law Lecture will be given by Prof. dr. Reinhard Zimmermann  (Director of the Max Planck Institute for Comparative and International Private Law in Hamburg) on 27 January.

read more

Alternative Approaches to Legal Convergence: A Round Table

copy-of-convergence-in-european-sales-law

The European Union endorses a harmonisation policy that is deemed to result in legal convergence. Whether in the field of European consumer protection or beyond, the European legislator claims that legal fragmentation and diversity are not conducive to the strengthening of the internal market. Over the course of the last 30 years this has led to a long list of directives of in which varying harmonisation measures are proposed, ranging from minimum harmonisation to ‘targeted full harmonisation’ with the directives on Unfair Commercial Practices and Consumer Rights. Also the proposals of December 2015 on conformity and contractual remedies in distance sales contracts and in contracts for the supply of digital contents aim for maximum harmonisation.

Despite the long history of European harmonisation in the area of private law, it is striking to see that so far very little work is done on the extent to which harmonisation measures actually lead to more convergence among the member states’ national laws. Empirical and quantitative analysis of the extent of convergence is largely missing in the current academic and policy-oriented debate.

This MEPLI-HiiL Round Table conference takes up this challenge. The question central to the conference is how European harmonisation influences the convergence of laws and how current methods of harmonisation must therefore be assessed. To this end, four main approaches to the understanding of legal convergence will be explored: doctrinal, self-regulatory, numerical and empirical.

Participants: Bram Akkermans, Anna Beckers, Caroline Cauffman, Gijs van Dijck, Catalina Goanta, Mark Kawakami, Hans Schulte-Nölke, Mathias Siems, Jan Smits

 

read more

Brexit & Heartbreak

The Whig party’s aversion to absolute monarchy in the early 18th Centrvl0002-01_0tury coined the term vox populi vox dei, which declared that the voice of the people is the voice of God. On June 23rd, the people of Britain spoke out and opted for the so-called Brexit, with the populist charlatan Nigel Farage characterizing the exit as a brave act of independence from the EU, as if the British people were suffering under a repressive, tyrannical reign for decades.

read more

Workshop on “Optional Instruments of the European Union: A Desirable Method of Regulating Diverse Areas of European Private Law?”

 

 

OI in the EU

 

 

 

read more

William A. Bull’s PhD Defense on “Optional Instruments of the EU”

WAB PhD Defense Invitation

Details:

  • Maastricht University – Minederbroedersberg (Aula)
  • 12 May 2016 at 14:00

Summary of the Thesis:

This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law, and one that until now has not been comprehensively mapped or explored. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law. The study identifies the core elements that define Optional Instruments of the EU and distinguish them from other kinds of EU legislation, especially so-called approximating measures. It provides a detailed overview of a total of twelve OIs in the aforementioned policy areas, charting their development, characteristics and (where appropriate) usage in practice. It investigates the case for and against the use of optional instruments as an alternative means of EU law-making, by analyzing and evaluating the principal arguments in the debate surrounding the use of this legislative method. Finally, it offers an explanation of the varied degree of ‘success’ of EU OIs already in existence, by identifying possible factors that play a role in this respect and testing the significance of these factors with reference to available empirical data. In doing so, the author provides a framework for future research into this developing phenomenon, as well as guidance for the elaboration of future Optional Instruments of the European Union.

read more

M-EPLI Roundtable: ‘Walking on Common Grounds? New Insights on the Asian, European, and Latin American Principles of Contract Law’

On January 26, 2016, I had the great pleasure of attending a M-EPLI Roundtable organised by Agustin Parise entitled ‘Walking on Common Grounds? New Insights on the Asian, European, and Latin American Principles of Contract Law’. The roundtable was an opportunity to instil curiosity, discuss, and bring more awareness to the Latin American, Asian and European Principles of Contract Law.

read more