Abstract
This article introduces four contributions to a special issue on ‘judicial law-making in European private law’, which seeks to reconstruct and understand (aspects of) the evolving transformative role of the judiciary in light of the interaction between the national and European level. The paradigmatic examples of climate change litigation and judicial dialogue in consumer mortgage cases show how courts are asked to address sensitive political questions in cases brought by private parties in civil proceedings. A ‘utopian’ (self-)understanding of the judicial task explains and justifies how and to what extent judges may address such societal problems through private law, and at the same time transform private law itself.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.