EUPoLex Jean Monnet Seminar with Chantal Mak
Judge in Utopia. Reimagining Europe through private law adjudication
Abstract for the talk:
Judges in private legal cases often find themselves at the crossroads of different fields of law, which reflect different conceptions of justice. In cases on housing and mortgage contracts that have arisen in the wake of the European economic crisis, for instance, national judges have to assess eviction cases in light of an interplay of national procedural rules, EU rules on unfair contract terms, and occasionally human rights. In cases on the provision of digital goods and services, furthermore, courts need to align contract law and data protection law. In recent cases on climate change, moreover, courts face the question on how to reconcile norms of tort law with human rights to life and a clean environment. While private law is indispensable for facilitating economic transactions, at the same time it, thus, touches upon fundamental choices regarding the underlying values that should be protected. In this talk Chantal will provide guidance on why and to what extent judges in civil cases should engage with different conceptions of justice on the interface of national private law and European law.
Chantal Mak is a Professor of Private law, in particular fundamental rights and private law, at the Amsterdam Centre for Transformative Private Law (ACT).
Her research focuses on the constitutional legal framework for private law in Europe and the influence of constitutional law (including fundamental rights) on private law matters, with a special interest for the role of the judiciary in European private law.
Register via this link. You will receive the Zoom link when you have registered.
This seminar is part of the "The Law & Politics of EU Integration" Talks Series organised by the Jean Monnet Chair in EU Law & Politics and, hence, is co-funded by the Erasmus+ Programme of the European Union.