Europeanisation of law
The phenomenon of the organization of laws makes it possible to highlight the loss of the frontiers of rights. National legal systems become similar and some applicable rules are adopted by private actors or by public authorities.
Europeanisation of law : 4 themes
1) EU as an example of regional organization2) EU law and comparative law 3) The convergence of the laws of the MS of the UE4) The limit of convergence of the laws of the MS of the UE
EU as an example of regional organization
EU emerged after WW2 with a devasted Europe. Some countries decided to integrate their economy.
EU law and comparative law
EU laws has influenced by national laws of the MS (common and civil law). Comparative law is important and play a role in the drafting of the treaties
The convergence of the laws of the MS of the UE
The harmonization of the laws of the Member States may be formally required under EU law which leads to convergence between their laws. The convergence also result from other factors like the Spillover effect.
Spillover effect
Phenomenon whereby solutions of European law are applied and extended beyond what is formally required.
The limit of convergence of the laws of the MS of the UE
Pierre Legrand say it a bad thing. Legal transplants are impossible and borrowing legal system to other is a mistake.