We surmise that the European law of finance may possibly work as an interesting test-case for hybrid commercial courts in Europe. In this context, effectiveness of EU law is increasingly at odds, in its private-law dimension, with Member States’ procedural autonomy, due to national causes of actions which are not (but for one exception) harmonized following the principle of procedural autonomy. This is so although substantive law is increasingly uniform or subject to maximum harmonization at Union level and a convergent interpretation and application of EU law, or of its national transposition, is clearly essential to ensure both the competitive level playing field and the overall European (and Eurozone) financial stability.
marco lamandini, david ramos (2023). Two (provocative) ideas for a test-case: An EU hybrid court for private-law disputes in the law of finance, and how?. RIVISTA DI DIRITTO SOCIETARIO, 1, 173-182.
Two (provocative) ideas for a test-case: An EU hybrid court for private-law disputes in the law of finance, and how?
marco lamandini;david ramos
2023
Abstract
We surmise that the European law of finance may possibly work as an interesting test-case for hybrid commercial courts in Europe. In this context, effectiveness of EU law is increasingly at odds, in its private-law dimension, with Member States’ procedural autonomy, due to national causes of actions which are not (but for one exception) harmonized following the principle of procedural autonomy. This is so although substantive law is increasingly uniform or subject to maximum harmonization at Union level and a convergent interpretation and application of EU law, or of its national transposition, is clearly essential to ensure both the competitive level playing field and the overall European (and Eurozone) financial stability.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
