Cseres, Katalin J. --- "Governance Design for European Private Law: Lessons from the Europeanization of Competition Law in Central and Eastern Europe" [2008] ELECD 193; in Cafaggi, Fabrizio; Muir Watt, Horatia (eds), "Making European Private Law" (Edward Elgar Publishing, 2008)

Book Title: Making European Private Law

Editor(s): Cafaggi, Fabrizio; Muir Watt, Horatia

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201980

Section: Chapter 6

Section Title: Governance Design for European Private Law: Lessons from the Europeanization of Competition Law in Central and Eastern Europe

Author(s): Cseres, Katalin J.

Number of pages: 57

Extract:

6. Governance design for European
private law: lessons from the
Europeanization of competition law in
Central and Eastern Europe
Katalin J. Cseres

INTRODUCTION
The future governance design for European private law takes place in a
complex system, composed of various vertical and horizontal layers.1 Perhaps
the most obvious dimension in this structure is the interplay between national
and European law. However, the multi-level system, which should be the
backdrop to such governance design, comprises much more than just legal
provisions. The various layers bring forward the relevant economic and social
settings of the different national legislations as well as other dimensions of the
law such as enforcement and institutional issues and changes over time. The
coordination among these layers is a meaningful but surmountable and neces-
sary task in order to achieve a streamlined and rationalized body of law.
This chapter will discuss two layers of the multi-level system. One of these
layers is competition law. Competition law seems to lack a direct link to the
developments of private law; it plays a disciplinarian role in delineating the
borderlines of the formulation and application of private law tools. While
private law provides the inner rules of private transactions, competition law
regulates the `external effects' of contractual agreements. The complements
and conflicts between private law and competition law are imperative. An
analysis of the interplay between competition law and private law seems,
therefore, relevant in discussing the way European private law should be
shaped in the future.
The ...