On 18 November 2011, the Copenhagen Business School hosted an international research conference on different theoretical and methodological approaches to the study of EU law.  During the conference, Professor Jan Smits (Maastricht University) presented a lecture entitled, Towards an Interactive and Multi-Level System of Private Law for Europe.  During his lecture Profess Smits explained that one of the realities of legal pluralism is that Europeans are often afforded the opportunity to choose from a myriad of laws to apply in their private deal makings.  It is his position that:

“Within the limits set by private international law (that usually require some connection between the parties or their activities and the designated State), people are often able to choose the law that best suits their interests.  This has led to a ‘law market’ that is already very real in some areas (like commercial and contract law).”[1]

The problem is, however, that most European citizens are unaware, for example, how German contact law may be more attractive then say Swedish contract law.  Consequently, Professor Smits suggested that a comprehensive, inter-active website be designed to allow Europeans to “shop” for the most attractive law available.  But, how would such a website work?  And, would such a website be good for Europeans or will it lead to increased competition among national courts and attendant negative effects?

For more on Professor Jan Smits click here.