aquiescencia

EUI Florence
Two PhD researchers and one post-doc
European Regulatory Private Law

The main hypotheses of the project

The project is sponsored by the ERC and focuses on European Private Law (ERPL) beyond the boundaries of national private legal orders, which are guided by autonomy and freedom of contract. This socio-legal project focuses on the search for a normative model which could shape a self-sufficient European private legal order in its interaction with national private law systems.

(1) It aims at a new orientation of the structures and methods of European private law based on its transformation from autonomy to functionalism in competition and regulation.
(2) It suggests the emergence of a self sufficient European private law, composed of three different layers (a) the sectorial substance of ERPL, (b) the general principles –provisionally termed competitive contract law – and (c) common principles of civil (or private?) law.

The project elaborates on the interaction between ERPL and national private law systems around four normative models: intrusion and substitution, conflict and resistance, hybridisation and convergence.

Each candidate shall work in one of the fields indicated below

(1) 1 project on regulated markets. The major objective is to test the hypothesis of selfsufficiency of the emerging European private legal order. The project should ideally cut across the different sector related rules and cover the following countries: United Kingdom and Sweden (administrative governance), France and Italy (political governance), Germany (judicial governance). An experienced researcher with a PhD in regulated markets and good knowledge in institutional and behavioural economics is most suited in fulfilling this aspect of the research. The position is a fixed contract for two years.
(2) 1 project on remedies in European regulatory private law to test the reach of hybridisation, cutting across judicial, administrative and political enforcement/governance and encompassing individual as well as collective enforcement. The countries to be investigated should be selected along the lines of the
different enforcement/government structures, UK, NL, Nordic countries, Germany, Italy or France. A PhD reseacher familiar with European primary law, educated in comparative law and with experience in enforcement studies is required. The position is a fixed contract for four years.
(3) 1 project on co-/self-regulation in the field of standardisation of services, testing the convergence hypothesis. Co-/self-regulation in the field of services is still a black box. The project would allow to investigate SME’s which are mostly concerned. Outside and beyond the UK, Germany, France or Italy as well as Nordic countries, particular emphasis should be put on the new Member States since old Member States are very much concerned by cross-border services affecting their legal orders. The project should be executed by a PhD researcher preferably from Eastern Europe trained in comparative law and European law. The position is a fixed contract for four years.

Qualifications, Salaries, Project obligations

The PhD candidate shall hold a law degree with excellent results, which enables him for a PhD in law in the candidate’s home country. The candidate for the post-doc position shall obtain a PhD in law defended no longer than three years ago or be in the final year of his completion. In the latter case, a letter of the supervisor shall accompany the application where the supervisor indicates when completion of the PhD is expected.

For all positions, previous working experience in an international environment is an asset.High level of English speaking and writing skills is indispensable. Please also provide contact details of three references.

The members will be part of a project team. The candidates are expected not only to work on the candidate’s respective project but to support the execution of the overall project, which requires the organisation of workshops, conferences, short and long term stays. Sufficient time to conduct the researcher’s projects will be guaranteed. Phd researchers are eligible for a PhD at the EUI in Florence. All collaborators have to take residence in Florence or Fiesole. The project will start in September 2011 at the latest. Annual payment for PhD researchers max EUR 36.000 brut, for post doc max EUR 54.000 brut, net salary depending on the civil status. Researchers and post docs, having a full-time contract, are covered by the Institute’s accident and health insurance. For contracts of at least 12 months (or prolonged beyond 12 months) an amount equivalent to 16,5% of the basic salary will be paid upon termination of service as severance.

The Institute is an equal opportunity employer, and takes into account the importance of balance in gender, geographical and minority representation.

Applications should be sent until 20 March 2011 to Prof. Hans-W. Micklitz, EUI Florence, 9, via dei Roccettini, 50014 San Domenico di Fiesole or via email to the attention of Marlies.Becker@eui.eu.