Abstract
Legal writers have long departed from the idea that the validity of all Law depends on the state. They now recognize as sources of law (and its validity) supra-national sources, such as the EU (in Europe). And the impulse for the development of a European Private Law is one of the most significant legal developments of our time. But are we able to claim that a fully developed EU Private Law exists?
Under the principle of conferral, the competences held by EU legislative bodies are primarily market-related, while areas such as the family are left to be regulated by the Member States. Contrary to what happens with other areas of Private Law, Consumer Law is well integrated in the EU. This lecture will critically review efforts made towards the development of a coherent EU Private Law, while shedding light on why protecting the consumer is essential to the development of the European Single Market.
By attending this Lecture, students will understand that the Law may choose to protect one party towards the perceived power of their contractual counterpart, and that this protection may be conferred upon them following multiple reasons: the perceived vulnerability of the consumers and/or the pursuit of a stronger economy.
Bio
João de Sousa Assis holds a PhD in Law from the University of Glasgow, Scotland. He is currently working as Assistant Professor in Law at the Lisbon Accounting and Business School (Politécnico de Lisboa), in Portugal, and as a researcher at the Instituto Jurídico Portucalense, and holds a fellowship for the Centre for ASEAN Transnational Studies (CATS) of the University of Chiang Mai, Thailand.