Overview

"One of the major effects of the continual process of European integration is the growing importance of transnational institutions and the accompanying legal harmonization. Such institutional changes have led to a seemingly irreversible transformation in public decision making, whereby power at the national level is displaced to the European and regional levels. This book provides a law and economic analysis of the challenges arising from these shifts in power. The process of harmonization is investigated from a normative point of view, in order to examine whether a uniform legal framework should be promoted. On the positive side, the goal is to assess the efficiency of this process and its impact on public policies. The authors then turn to applied issues and propose an agenda for future research. The book comprehensively covers both private and public law, as well as applied and theoretical issues. The authors analyze the legal debate from a new political economy perspective, offering diverse and sometimes contrasting views. ""The Economics of Harmonizing European Law"" highlights the debate between competition and harmonization which will be sure to shape the future of Europe. It should be read by students and scholars of law and economics, and European policymakers. It should also provide a valuable reference in the field of law harmonization for law practitioners."

Full Product Details

Author:   Alain Marciano ,  Jean-Michel Josselin
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Edition:   illustrated edition
Weight:   0.579kg
ISBN:  

9781840646085

ISBN 10:   184064608
Pages:   288
Publication Date:   27 March 2002
Audience:   General/trade ,  College/higher education ,  Professional and scholarly ,  General ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents Preface Introduction: The economics of the constitutional moment in Europe Jean-Michel Josselin and Alain Marciano PART ONE COMPETITION AND HARMONIZATION 1 Regulatory competition or harmonization of laws? Guidelines for the European regulator Roger Van den Bergh 2 How to predict the differences in uniformity between different areas of a future European private law? An evolutionary approach Jan M. Smits 3 Legal culture as (natural?) monopoly Anthony Ogus 4 Judicial competition, legal innovation and European integration: an economic analysis Sophie Harnay and Isabelle Vigouroux PART TWO HARMONIZATION IN PRACTICE 5 European Union and public utility: a virtuous grouping? Lessons from the reorganization of Corsican external transport Thierry Garcia and Xavier Peraldi 6 The economics of harmonizing law enforcement Nuno Garoupa 7 Product liability and product safety in a federal system: economic reflections on the proper role of Europe Michael G. Faure 8 Vocational qualifications and the European labour market: the challenges and the prospects Jean-Baptiste Calendini and Christophe Storaï 9 Decentralized interregional cooperation in Europe Sylvie Graziani and Michel Rombaldi PART THREE COMPETITIVE DEMOCRACY AND THE FUTURE OF EUROPE 10 A Europe of variety, not harmonization Bruno S. Frey 11 Enlargement of the European Union and the Approximation of Law: lessons from an economic theory of optimal legal areas Dieter Schmidtchen, Alexander Neunzig and Hans-Jörg Schmidt-Trenz 12 Legal and economic principles for the common administrative law in Europe Jürgen G. Backhaus Index

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Edited by Alain Marciano, Université de Montpellier 1, France and Jean-Michel Josselin, Professor, University of Rennes 1 and CREM-CNRS, France

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