scholarly journals Features of the unification of private international law within the European Union

2015 ◽  
Vol 3 (2) ◽  
pp. 43-50
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
European Union ◽  
International Law ◽  
Contract Law ◽  
Private International Law ◽  
The European Union ◽  
Economic Community ◽  
Stages Of Development ◽  
European Contract ◽  
International Union ◽  
European Contract Law

The article covers the question of the features of the process of the unification in the sphere of private international law within the European Union. The stages of development of the regional international union from the Economic Community to the European Union are also followed up in the article. The author explores the methods and instruments of such unification, makes conclusions about the phase of the unification of concrete institutes of private international law in the European Union. Besides that the author broaches a question of the unification/harmonization of the European contract law.

scholarly journals Private International Law and the African Economic Community: A Plea for Greater Attention

2006 ◽  
Vol 55 (4) ◽  
pp. 911-928 ◽  
Author(s):  
Richard Frimpong Oppong
Keyword(s):  
European Union ◽  
International Law ◽  
Economic Integration ◽  
Private International Law ◽  
The European Union ◽  
Economic Community ◽  
Cross Border ◽  
The Subject ◽  
National Boundaries ◽  
Free Movement Of Persons

Private international law deals with problems that arise when transactions or claims involve a foreign element. Such problems are most frequent in a setting that allows for the growth of international relationships, be they commercial or personal. Economic integration provides such a setting and allows for the free movement of persons, goods, services and capital across national boundaries. The facilitation of factor mobility resulting from economic integration and the concomitant growth in international relationships results in problems which call for resolution using the tools of private international law. An economic community cannot function solely on the basis of economic rules; attention must also be paid to the rules for settling cross-border disputes. Consequently, considerable attention is given to the subject within the European Union (EU)1 and other economic communities.2

scholarly journals The Role of Subsidiarity and Proportionality Principles in the Development of a Future Digital Single Market and a Common European Contract Law

2020 ◽  
Vol 14 (1) ◽  
pp. 1178-1186
Author(s):  
Ovidiu Ioan Dumitru
Keyword(s):  
European Union ◽  
Member State ◽  
Contract Law ◽  
Single Market ◽  
European Court Of Justice ◽  
The European Union ◽  
European Contract ◽  
Court Of Justice ◽  
European Court ◽  
European Contract Law

AbstractFrom the far beginning of the European Communities, with broader objective of creating a perfect unique market for the member states, it must be underlined the importance of the results of the harmonisation process of the contract law and the single market and that, in time, the institutions struggled in their tumultuous work for fulfilling the indicated objectives to overcome the interventions from each Member State, interested, also, in shaping a great and prosperous common market, but trying, subsequently, to reason with their traditions, culture, ideological and political choices. The legislation on single market and European contract law is a subjected to the three guiding principles of the European Union: the principle of conferral, which empowers the European Union in terms of competence, the principle of subsidiarity, which underlines the European Union’s competence in a certain field that is shared with a Member State and the principle of proportionality, which applies if the first two principles are validated, dealing with the how the European Union should legislate. However, there are some critics who express their worries in that there are insufficient empirical proofs for redefining the harmonisation process. Taking into account the criticism, the European Court of Justice has ruled in numerous occasions that the authorisation to harmonise laws, with the scope of safeguarding the proper functioning of the European internal market does not grant the European Union a carte blanche in order to interfere with the sake of harmonisation any law it wishes. The way the above indicated principles maintained their roles provided by the treaties or they were subject of modification, by enrichment or limitation, by the caselaw provided by the European Court of Justice, we must investigate in order to picture a possible “finale” of our Single Market and this paper will concentrate of the influence of subsidiarity and proportionality on the fields most dynamic in the past years, the Digital Single Market and its contract law. This paper wishes to clarify how the two fundamental principles, of subsidiarity and proportionality, provided in time by the modifying treaties and consolidated by the European Court of Justice, influenced the evolution of the legislation regarding the Single Market and how those two may help or block the future evolution in the context of a continuous pressure coming from the development of the digital framework and online contracts.

scholarly journals Systematization of private international law in Ukraine and foreign countries: present state and tendencies

2020 ◽  
Vol 3 ◽  
pp. 122-128
Author(s):  
Mykola Lazarenko
Keyword(s):  
European Union ◽  
Soviet Union ◽  
International Law ◽  
Present State ◽  
Former Soviet Union ◽  
Private International Law ◽  
Legal Analysis ◽  
The European Union ◽  
Foreign Countries

Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.

scholarly journals Prawo właściwe dla zobowiązań deliktowych wynikających z naruszenia zasad ochrony danych osobowych przyjętych w RODO

2020 ◽  
pp. 39-59
Author(s):  
Marek Świerczyński
Keyword(s):  
European Union ◽  
International Law ◽  
Personal Data ◽  
Civil Procedure ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
National Courts ◽  
International Data ◽  
Conflict Of Law

Disputes arising from international data breaches can be complex. Despite the introduction of new, unified EU regulation on the protection of personal data (GDPR), the European Union failed to amend the Rome II Regulation on the applicable law to non-contractual liability and to extend its scope to the infringements of privacy. GDPR only contains provisions on international civil procedure. However, there are no supplementing conflict-of-law rules. In order to determine the applicable law national courts have to apply divergent and dispersed national codifications of private international law. The aim of this study is to propose an optimal conflict-of-law model for determining the applicable law in case of infringement of the GDPR’s privacy regime.

scholarly journals Application of Brussels II bis regulation in exercising the right of access to a child by extended family members

2021 ◽  
Vol 60 (90) ◽  
pp. 189-205
Author(s):  
Radmila Dragišić
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Private International Law ◽  
The European Union ◽  
Parental Responsibility ◽  
The Hague ◽  
The Right ◽  
The Hague Convention ◽  
Right Of Access

In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.

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