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Private & Public European Law

Private & Public European Law

Amsterdam Law School research priority areas

The research priority area within Private and Public European Law combines three aspects of the legal system’s Europeanisation.

Constitutional law and administration of the European Union

Research in this area focuses on European governance. How can an organisation like the EU become more transparent and accountable? The EU is a political system as well as a legal one.  Studies indicate the system may contain more legal loopholes than officials care to admit.  Using empirical methods, the research group reveals flaws in the system and facilitates debate, which paves the way for constitutional improvements. Upcoming studies will focus on the actors and practices involved in the EU decision-making process.

The Europeanisation of Private Law

When the European Commission (EC) intervenes in a contract that hampers the internal market, member states must incorporate the EC’s directives into their civil codes. The process by which states harmonise their domestic laws with European regulations is called the Europeanisation of contract law.

The research group poses a number of questions about the Europeanisation process: Does it disproportionately affect economic laws and thus cause fragmentation of national civil codes?  Is the process sufficiently democratic?  What roles should democracy and social justice play in European contract law?

The influence of European Law on national tax laws

To what extent does European tax legislation influence what was originally national legislation?  For example, should restrictions on the movement of people and capital within the European Community be eased or tightened?  This research group tackles questions like these and themes including the influence of double tax treaties, EC treaty liberties and EC directives on tax sovereignty.