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This Chapter asks why EU law should not be involved in private law relationships. Why would the EU need additional justification to be so, in a way that states and national law presumably do not? Is there anything in the essence of the EU and EU law to prevent its involvement in relationships between private parties? And vice versa, is there something in the essence of private law that would preclude as a matter of principle the involvement of the EU in the fields traditionally occupied by private law? The chapter seeks to explain resistance among private lawyers against such involvement, pointing to the synchronicity of three separate but related phenomena: (1) Europeanisation of national law; (2) constitutionalisation of private law and (3) the changing public/private divide and the concurring trends of the deregulating and reregulating state. It then moves on to rephrase the central question in constitutional terms of who does what in a polity and in society, how and within which limits.