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Cover of: Kollisionsrecht und vertikaler Regulierungswettbewerb
Stefan Leible

Kollisionsrecht und vertikaler Regulierungswettbewerb

Section: Essays
Volume 76 (2012) / Issue 2, pp. 374-400 (27)
Published 09.07.2018
DOI 10.1628/003372512800133534
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  • Open Access
    CC BY 4.0
  • 10.1628/003372512800133534
Summary
EU institutions. The coexistence of these different legal sources is not very easy to manage, and suggestions how to disentangle the mess abound. While some authors plead for a full harmonization of private law, others highlight the benefits of competition between the national legal systems (horizontal dimension) and between the Member States and the EU (vertical dimension). The article stresses the advantages of a harmonization approach, but also points to unwelcome effects. The workings of horizontal and vertical competition are juxtaposed and the importance of comparative law is underlined. The new Optional Instrument on a Common Sales Law for the European Union is studied as an example of vertical competition. Drawing on the lessons of the past, the author pleads for extending the scope of the instrument in the future.