[Issue 3 and 4] Article 2: The (Partially) Revised Austrian Passing of Risk Regime: An Example of Fragmentation of Domestic Law as a Consequence of EU Harmonisation

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Stefan WRBKA, Kyushu University

Harmonisation of national private law via European Union (hereinafter EU) directives and regulations undeniably leads to increased legal  defragmentation at the pan-EU (or: inter-Member State) level, i.e., to a greater amount of alignment of (content-wise) similar legal rules used by different European Member States (hereinafter Member States). Depending on the harmonisation level applied by the respective EU instrument, legal defragmentation can take a stronger (maximum / full harmonisation; hereinafter full harmonisation) or weaker (minimum harmonisation) form.