Because the EU said so? Rethinking the Concept of Harmonisation

Ghio, Emilie

Abstract

This article debunks the claim that European harmonisation initiatives are made in Brussels behind closed doors and are detached from national realities and domestic practices. This article demonstrates that there is an underlying misunderstanding surrounding the concept of harmonisation, which primarily stems from an incorrect use of different terms, in particular 'harmonisation', 'approximation' and 'convergence'. The field of European cross-border insolvency and rescue law is used as a case study to reveal that in this particular legal field, harmonisation initiatives have mostly stemmed from bottom-up regulatory methods, rather than strict top-down measures.

• Presentation Conference Type: Conference Paper (unpublished)
• Conference Name: Society of Legal Scholars Annual Conference
• Start Date: Sep 4, 2018
• End Date: Sep 7, 2018
• Deposit Date: Sep 11, 2021
• Public URL: http://researchrepository.napier.ac.uk/Output/2801236