European Property Law: Competence, Integration, and Effectiveness

  • Sjef van ErpEmail author


Within the European Union property law is, for the most part, governed by the laws of the member states, not unlike in the United States where property law is foremost state law. Only in certain areas fragments of “European” (i.e., European Union) property law can be found. The European Union only has limited competences to legislate, and if it legislates in the field of property law, member states try to limit this by invoking Article 345 of the Treaty on the Functioning of the European Union (TFEU), which on its face even seems to exclude property law completely from any EU interference. EU law, so it looks like, is not seen by member states as a tool to effectively protect property rights, but as undesirable interference in their national systems of property law. Particularly when it comes to effective protection of property rights, it frequently is not the European legislator who is the most important actor, but the Court of Justice of the European Union (CJ EU), by invoking the principle of “effet utile”: EU law should be given full effect by courts to protect, for instance, the rights which consumers have on the basis of both primary (treaty based) and secondary (EU directives and regulations based) law.


  1. Papadopoulos, Th. (2015). Privatized companies, golden shares and property ownership in the Euro crisis era: A discussion after Commission v. Greece. European Company and Financial Law Review, 12(1), 1--18. Google Scholar
  2. Iglesias Sánchez, S. (2014). Unfair terms in mortgage loans and protection of housing in times of economic crisis: Aziz v. Catalunyacaixa, Common Market Law Review, 51(3), 955--974.Google Scholar
  3. Ramaekers, E. (2013). European property law: From fragments to a system. Antwerp: Intersentia.Google Scholar
  4. Šadl, U. (2015). The role of effect utile in preserving the continuity and authority of European Union law: Evidence from the citation web of the pre-accession case law of the Court of Justice of the EU, European Journal of Legal Studies, 8(1), 18--45.Google Scholar
  5. van Erp, S. (2018). Article 345 TFEU: A framework for European property law. In E. Lauroba Lacasa & J. Tarabal Bosch (Eds.), El derecho de propriedad en la construcción del derecho privado europeo. Valencia: Tirant Lo Blanch, 59--70.Google Scholar
  6. van Erp, S., & Zimmermann, K. (2018). The impact of recent EU conflicts of law regulations on land registration. In G. Muller et al. (Eds.), Transformative Property Law, Festschrift in honour of AJ van der Walt. Cape Town: Juta, 318--340.Google Scholar

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© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.Maastricht UniversityMaastrichtThe Netherlands
  2. 2.Trento UniversityTrentoItaly

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