ABSTRACT
This paper explores viable roads towards a more radically democratic European private law. In particular it argues that European private law should catch the deliberative wave. To this end, it proposes the introduction of deliberative citizens’ assemblies and citizens’ panels in the context of EU private law making, especially its reform. The argument is grounded in the dialectic relationship between the private autonomy of persons as European legal subjects (individual self-determination) and their public autonomy as European citizens (collective self-determination). However, on the same grounds, the paper also cautions against possible exclusionary effects of mini-publics constituted through sortition, which could end up undermining both individual and collective self-determination.
Hesselink, Martijn W, Private Law Subjects in Citizens’ Assemblies: On the Dialectics of Private and Public Autonomy in the EU (October 5, 2022).
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