Sub-Task Force led by Fabrizio Cafaggi
Which governance structures for European private law?
This Task Force tackled two main issues:
I. Regulatory strategies and governance in European private law
II. Self-Regulation as a Regulatory Strategy: A Comparative Law Perspective
This project focussed on two macro-questions. The first related to the reasons why self-regulation is used as a general regulatory technique, rather than as an instrument specific to one single sector. The second question concerned the role, the structure and the dynamic of self-regulation as a regulatory technique. National rapporteurs had, in addressing the general questions, to pay particular attention to the inter-play between EC law and national law. If national experiences pre-exist to the supranational intervention and could be meant as independent of the EC developments, the EC dimension is essential in so far as it turns those experiences towards the achievement of EC objectives, thus putting into relation a variety of different traditions and legal environments.
The project aimed at identifying the legal framework applicable to self-regulation in different national systems operating under the direct or indirect influence of EC institutions. It created a database for a set of countries, containing the relevant aspects to be found in private and public law and then to proceed to a comparative law analysis of the results.