EU Law as a Force for Harmonisation of the Law of Tort
Paula Giliker
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This article will examine European Union (EU) intervention (Treaty provisions, regulations, directives, decisions of the Court of Justice of the European Union [CJEU]) into the law of tort and the extent to which EU law acts as a force for harmonisation. By drawing on examples of primary and secondary sources of EU tort law, this article considers whether it is possible to identify a harmonising effect across the tort law of the EU or whether differences between the national tort law provisions in Member States prevail notwithstanding common EU law rules. Technological advances and the rise of Artificial Intelligence (AI) in the 21st century have introduced new forms of harm which detrimentally affect EU citizens. Will such developments encourage a move towards convergence of tort law rules – to find common solutions to common problems – or will divergences remain?