Qu’est-ce que le droit privé réglementaire européen ? Enjeux et perspectives

The reality of private law cannot be described by an exclusive reference to the general contract law to be found in national codifications or landmark decisions of the Courts anymore. The growing influence of European directives and regulations meant to achieve specific policy objectives, the interpretation of national law in light of economic goals in a transnational dimension, and the development of alternative but impactful venues of law-making and dispute-settlement, both at the European and national level, concur to delineate what is termed European regulatory private law. This contribution offers an introduction to that notion and focuses in particular on its key theoretical foundations, presenting both their significance for private law and some of the problematic issues that they rise, including a discussion of the criticisms that have been made against them.