The European Civil Code: The Way Forward by Hugh Collins
| Published date | 01 July 2009 |
| Author | Ruth Sefton‐Green |
| DOI | http://doi.org/10.1111/j.1468-2230.2009.00763_3.x |
| Date | 01 July 2009 |
Hugh Collins, The European Civil Code: The Way Forward,Cambridge:
Cambridge University Press, 2008, xix þ267 pp, pb d19.99.
InThe European Civil Code:The Way Forward, Hugh Collins presents an alternative
European Civil Code ^ notthe one currently being projected onto the European
legal scene, but a very di¡erent vision. Despite the associations that a European
Civil Code may raise, especially for common lawyers, no hackles need rise as this
Code is dissociated from European federalism, uni¢cation, Euro-bureaucratic
meddling and the dismantling of national private legal rules. One of its distin-
guishing features is the institutional arrangements it proposes, since it envisages
various forms of multi-levelgovernance. Collins’s Code aims to unify European
civil society and promote ‘solidarity among the peoples of Europe’ while preser-
ving cultural, linguistic and legal diversity. In short, it is‘a message of hope’ (3).
This all sounds appealing, even if some readers may not necessarily share the
author’s views for promotinga European social model, while othersmay consider
that the perspective is just not social enough. Collins has certainly lived up to the
real challenge that such a Code presents to acommon lawyer. Yet looking at the
result from the otherside of the Channel the book remains essentiallythe work of
a common lawyer ^ no val ue-judgement intende d.
In essence, the book has two dimensions: a deconstructive explanation of how
and why the present academic projects lack coherence, purpose and attraction;
and a constructive, more tentative yet daring attempt to ¢nd an answer to the
problems faced by the EU today in the realm of private law. In a pro-European
vein, Collins tries to persuade both us and himself that this Code could be an
answer to the lack of social cohesion and sense of collective identity in the EU,
without the disadvantages of a moreimposing, traditional-looking Code.One of
the many merits of this work is its broad and original outlook. Private law
encompasses much more than its more classical signi¢cation: it is the verycohe-
sion of civilsociety. In this respect, this work should be of interest to jurists work-
ing in all domains, both private and public.
The discussion ranges very widely. Recognising the need to create a political
union in the EU, Collins suggests that private law will be a means to this end.
Starting (with deliberate irony) from Napoleon’s observation that a European
community requires‘onecode, one court and one curre ncy’, Collins concentrates
on building a ‘dense set of connections between peoples’in order to create a Eur-
opean civil society, while conveniently leaving the other two ingredientsbehind.
Although the existence of a single cou rt may well be controversial (208^209), the
Euro is not even mentioned.
After identifying, poetically and persuasively, that a more ¢rmly established
community in the EU needs deep-rootedlinks to transnational civil society, Col-
lins suggests that this can best be achieved through a Code ^ not a comprehensive
one, but rather a set of common rules and institutional arrangements (22). This
Code is divorced from a market integration rationale. There are two strands to
Collins’s project for a European Economic Constitution (EEC): ¢rst the Code is
a means of giving £esh to the Economic Constitution and the European social
model, as Collins understands it, promoting an ideal of social justice.The Code
thus has a clear political ambition. Secondly, and no less politically, the Code will
Reviews
683
r2009 The Authors. Journal Compilationr20 09 The Modern LawReview Limited.
(2009) 72(4) 669^692
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