The Societal Relevance of this Thesis

The rise of Optional Instruments of the European Union is a phenomenon that provokes a multitude of profound and far-reaching questions, and this thesis offers a response to the most pivotal of them. The phenomenon of EU OIs is connected with a number of highly relevant issues in current legal research. These include (but are by no means limited to) the new governance debate and the exploration of alternative ways of lawmaking in the Europeanization process; the issue of how to find solutions for problems that cannot be solved at the national level while at the same time preserving Member State sovereignty; the question of whether to encourage the transnational application and enforcement of law amidst fears of ‘forum shopping’ and a ‘race to the bottom’; and how to reconcile pleas for greater choice of law for private actors with concerns of social justice. All of these issues constitute central themes in the academic discussion of EU Optional Instruments.

There is, however, a conspicuous paucity of academic literature on Optional Instruments of the European Union as a general legislative method, and the need for an innovative and profound inquiry into the phenomenon of EU OIs is therefore indubitable. Of course, there is still much to be said about this important legislative trend happening with the EU, but this study serves to elucidate the main points and evaluate the key arguments and viewpoints on the subject, thereby addressing the definitional, normative and explanatory gaps in the existing literature. Accordingly, the present study is of great relevance to an academic discussion that is still in its infancy. By defining, mapping and analysing in detail existing and proposed optional instruments in the EU, as well as identifying pertinent similarities and differences between them, the research serves to advance knowledge of this novel legislative trend in academia. In particular, the study's analysis and evaluation of the normative issues surrounding EU OIs is of especial academic relevance, as this is intended not only to provoke but also to provide a framework for further academic debate on the subject of OIs, primarily (though not necessarily only) in the field of European private law. Hence, it is expected that the results of the research could both inspire and serve as the basis for further exploration into the topic.