The unfathomable nature and future of the European private law project

This paper aims to cast light on two quintessential issues: the nature and the future of the common European private law project. In addition to being historically unparalleled in terms of its idiosyncrasies stemming from complex processes, its core characteristics are ambivalent: it is both an aspiration and an ongoing process yielding concrete results, just as it is a highly ranked agenda item of the European Union and yet promises far more in the future. Europe has failed to address the fundamental question of whether a common European civil code is genuinely needed or rather advancement along the lines of specific sectors would be preferred. The abundance of terms have been coined to refer to the project in toto or only to some of its specific aspects—from harmonization, Europeanization, to the more general ones of diffusion, transplantation, approximation, cross-fertilization, reform or simple borrowing and reception—may be somewhat misleading. The inherent complexity and focus on select segments of the process inevitably lead to indeterminacy, if not to a conclusion that the project is doomed to failure. A more holistic view would, however, immediately reveal the reality that rapprochement is ongoing via numerous channels, although some of the more meaningful forms curiously escape attention. This paper on the one hand, will attempt to answer why the outlook regarding the nature and the future of European private law is incomplete and not infrequently opaque—i.e., unfathomable. On the other hand, concrete examples will be given to show that notwithstanding the stumbling blocks, occasional errors and backpedalling, meaningful progression has been made. This claim stands notwithstanding that a major breakthrough such as a sudden consensus on a common European civil code is hardly a realistic option any time soon. In fact, Europe is in the process of rethinking central priorities with respect to private law based on realities and needs.