This essay outlines the ongoing debate on the justice deficit of EU private law – the ‘social justice’ debate – and then points at an underexplored avenue of inquiry that is essential for this debate to stay meaningful and constructive. Future research should aim to calibrate EU private law to the socio-economic asymmetries of the EU market, and to counterbalance the uneven weight of uniform rules, where they appear desirable, with proper compensatory mechanisms.
Caruso, Daniela, The ‘Justice Deficit’ Debate in EU Private Law: New Directions (August 23, 2012). Boston Univ. School of Law, Public Law Research Paper No. 12-42.