L'UE, gli Stati membri e le fonti di regolazione dei mercati internazionali dopo la crisi mondiale

Phenomena linked to "internationalization" and "globalization" of the economy push towards the demand of a uniformity legal framework in the supranational governance and encourage forms of "self-regulation". This spontaneous attempt towards the harmonization of law at the supranational level is often prepared by market forces and comes to exist alongside the classical models of discipline and leads to the emergence of a new lex mercatoria. The aim of the paper is to analyze the openings of the European system to the transnational production of law identified under the term "new lex mercatoria", by verification of all those factors which make the entrance in the European legal order of its sources of law possible. The division of competences between Member States and European Union in this area will be also analyzed, as well as all their implications in terms of sources of law. The research aims to address the relationship between the spontaneous and the institutional attempts towards the regulation of markets, as well as their implications, risks and impact on the national legal system. In fact, even if they are mainly related to commercial transactions, they involve questions linked with the rule of law and the protection of rights, which require the composition between private and public interests.