Europeanisation of private law: progress and shortcomings

On 27 November, the Economic Impact Group (EIG) led by TILEC within the Joint Network on European Private Law (CoPECL) held its final conference in Brussels. The EIG regrouped many leading and emerging European scholars in the economic analysis of private law. Since 2005, it has worked on a collection of articles on the main elements of the Draft Common Frame of Reference (DCFR), a restatement of European private law prepared by a large network of academics. The final conference offered the opportunity to present the results of the work of the EIG to interested policymakers and academics. It featured papers on non-discrimination in contract law (Ann-Sophie Vanderberghe, Erasmus University Rotterdam), contract formation (Mitja Kovac, University of Ljubljana), non-performance (Urs Schweizer, Bonn University), termination of long-term contracts (Fernando Gomez, Pompeu Fabra University) and review of standard terms (Hans-Bernd Schaefer, Hamburg University). In conclusion, the EIG found that the DCFR would have been strengthened by a greater use of economic analysis, in order to identify trade-offs more clearly and to take account of the effect of the law on private incentives. The resulting book, edited by TILEC director Pierre Larouche and TILEC extramural fellow Filomena Chirico, will be published by Sellier shortly.