EU regulatory measures in the field of private law have been compared to islands in the ocean of national private law. This article reconceives the relationship between the two, focusing on how national private law today responds and should respond to EU market regulation given the tension between the instrumentalist rationality of EU private law and its own relational rationality. It identifies three main models of this relationship: separation, substitution, and complementarity. These models reflect elements of the current legislative and judicial practices in a variety of jurisdictions across different areas of EU private law and provide an analytical framework for assessing such practices in terms of their ability to reconcile the competing rationalities of EU and national private law. Each model has a bearing on the ability of EU measures to achieve their regulatory objectives, and the overall shape of European integration more generally.

中文翻译：

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岛屿与海洋：欧盟市场监管与国家私法关系的三种模式

欧盟在私法领域的监管措施被比作国家私法海洋中的岛屿。本文重新构想两者之间的关系，重点关注当今国家私法如何回应以及应如何回应欧盟私法的工具主义理性与其自身关系理性之间的紧张关系。它确定了这种关系的三个主要模型：分离、替代和互补。这些模型反映了欧盟私法不同领域的各种司法管辖区当前立法和司法实践的要素，并提供了一个分析框架，用于评估此类实践在协调欧盟和国家私法竞争合理性方面的能力。