Post-private law?

In 2012, Hans Micklitz presented a report (Gutachten) for the German lawyers’ association (Deutscher Juristentag) on the future of consumer law. The focus of the report was primarily on German law. However, as usual, Micklitz’ main argument clearly had a broader, Europe-wide vocation. Therefore, it is particularly fortunate that the report recently was published also in English, entitled ‘Do Consumers and Businesses Need a New Architecture of Consumer Law? A Thought Provoking Impulse’. Micklitz answers the question of whether there is a need for a new design of consumer law positively. Consequentially, he proposes to reshape consumer law into a special law. In this short contribution in his honour, I will take issue with that proposal and with the main reasons Hans Micklitz offers in its support.