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/lp/oxford-university-press/gert-br-ggemeier-tort-law-in-the-european-union-kluwer-2015-UZI0kd7TWU
- Publisher
- Oxford University Press
- Copyright
- © The Author [2017]. Published by Oxford University Press on behalf of the American Society of Comparative Law. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.
- ISSN
- 0002-919X
- eISSN
- 2326-9197
- DOI
- 10.1093/ajcl/avw011
- Publisher site
- See Article on Publisher Site
Abstract
Book Reviews Gert BrüGGemeier , t ort Lwa in the e uropean u nion (Kluwer, 2015)† Reviewed by Mauro Bussani* An everyday reader might reasonably assume that a volume entitled Tort Law in the European Union would explore the tort rules that apply under EU law or in the different European member states. But those familiar with the EU legal structure will be per- plexed—EU tort law, as Gert Brüggemeier puts it, “does not exist.” Let me then proceed step by step. There are many ways of nar- rating EU history. Thus far, the prevailing story has been told by con- t ort Lwa in the e uropean u nion stitutional and public international lawyers. In their view, the EU is both the protagonist and the result of a revolutionary shift from a legal order based on an interstate compact that is binding on sover- eign states to one based on a constitutional, quasi-federal charter. The shift towards a quasi-federal union, the prevailing view holds, was made possible by landmark decisions of the Court of Justice of the European Union (CJEU) establishing the doctrines of direct effect and the supremacy of EU law, which were then formalized in the
Journal
American Journal of Comparative Law – Oxford University Press
Published: Dec 1, 2016