Harmonization of private law: Do we need it?

With regard to whether harmonization of private law is needed, the answer is threefold. The examples discussed in the first part of this article show that harmonization of consumer, financial services and social laws is still needed but that there is a trend towards the use of less binding instruments, such as general clauses, soft law devices, good practices, target setting and bench marking. In areas, such as non-contractual liability, where harmonization has been pursued mainly through case law and general principles, legislative harmonization is needed regarding judicial remedies for the private (and sufficiently uniform) enforcement of Community law in the Member States, mainly in the field of competition law. The European Union may also need comprehensive legislation to harmonize national contract laws, however this should not be done by imposing binding rules on the Member States without the involvement of both the European and national parliaments, but preferably in the form of an optional Code, or Act, which the Member States may adopt, or make optional for contracting parties. The preparation of such a Code or Act should include thorough comparative law research, and it should be accompanied by flanking measures to prepare lawyers to deal with harmonized laws.