The book offers a new theoretical perspective on the relationship between market regulation and private law in the face of contemporary challenges, such as climate change, the digitalisation of the marketplace, and growing inequality in society, with significant practical implications for a wide range of areas. It focuses on European private law to explore the uneasy interplay between the instrumental public regulation of economic activity and traditional, interpersonal justice-oriented private law in the multi-level and heterarchical legal order of the European Union (EU). By drawing together different elements of what are at present often disparate discourses of market regulation and private law, the book develops an integrated analytical framework that could help us better understand the interaction between the two. The central argument advanced in the book is that market regulation and private law are two sides of the same coin that can be reconciled with each other.
‘Olha Cherednychenko's book brings together two fields of law, market regulation and private law, often kept distinct from each other. The only way to provide a full account of European private law and to detect the potential of innovative ideas, regulatory models, and the interaction between law-making and law enforcement is to combine the two. The excellent analysis breaks the border of traditional legal thought.'
Hans-W. Micklitz - European University Institute, Florence
‘The European Union (EU)'s regulatory zeal, nourished by the drive to perfect its internal market, has caused disturbance in national private law. In this insightful book, Olha Cherednychenko brings an intellectually ambitious concern to systematise the relationship between EU market regulation and private law. Her models of separation, substitution, and complementarity provide an elegant and innovative basis for pursuit of a reconciliation.'
Stephen Weatherill - University of Oxford
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