How European is European Private International Law?

Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law. The question remains, however, if these efforts have turned private international law into a truly European field? The book analyses – for the first time – how ‘European’ European private international law actually is.
Editor(s):
Jan von Hein, Eva-Maria Kieninger, Giesela Rühl
boek | verschenen | 1e editie
september 2019 | xxvi + 376 blz.

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€ 99,-

ISBN 9781780686981


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ISBN 9781780689180

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Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law, including civil procedure. The resulting substantial legislative unification has been described as the first true ‘Europeanisation’ of private international law, and even as a kind of ‘European Choice of Law Revolution’. However, it remains largely unclear whether the far-reaching unification of the ‘law on the books’ has turned private international law into a truly European ‘law in action’: To what extent is European private international law actually based on uniform European rules common to all Member States, rather than on state treaties or instruments of enhanced cooperation? Is the manner in which academics and practitioners analyse and interpret European private international law really different from previously existing domestic approaches to private international law? Or, rather, is the actual application and interpretation of European private international
law still influenced, or even dominated, by national legal traditions, leading to a re-fragmentation of a supposedly uniform body of law?

In bringing together academics from all over Europe, How European is European Private International Law? sets out to answer – for the first time – these crucial and interrelated questions. It sheds light on the conspicuous lack of ‘Europeanness’ currently symptomatic of European private international law and discusses how this body of law can become truly European in character in the future.

With contributions by Jürgen Basedow (Max Planck Institute for Comparative and International Private Law), Paul Beaumont (University of Sterling), Sabine Corneloup (University Paris II, Panthéon-Assas), Gilles Cuniberti (University of Luxembourg), Agnieska Frąckowiak-Adamska (University of Wrocław), Stéphanie Francq (University of Louvain), Pietro Franzina (University of Ferrara), Jan von Hein (University of Freiburg), Michael Hellner (Stockholm University), Eva-Maria Kieninger (University of Würzburg), Thomas Kadner Graziano (University of Geneva), Xandra Kramer (Erasmus University Rotterdam), Johan Meeusen (University of Antwerp), Pedro A. de Miguel Asensio (Complutense University Madrid), Dário Moura Vicente (University of Lisbon), Marta Requejo Isidro (Max Planck Institute for Procedural Law Luxembourg), Giesela Rühl (University of Jena), Alix Schulz (Heidelberg University) and Marc-Philippe Weller (Heidelberg University).

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Table of Contents and preliminary matter (p. 0)

Introduction (p. 1)

1 EUROPEANNESS OF LEGAL SOURCES

The Relationship between EU Legislation and International Instruments in the Field of Private International Law (p. 19)

Regulations and Conventions: A Comment on the Sources of European Union Private International Law (p. 53)

Interaction between EU Regulations and Member State Codifi cation of Private International Law: From Patchwork to Network (p. 61)

A View from the Trenches on EU and Member State Private International Law (p. 111)

2 EUROPEANNESS OF COURT PRACTICE

The Application of European Private International Law and the Ascertainment of Foreign Law (p. 139)

When Should EU Private International Law Require that Foreign Law be Applied? (p. 177)

The Application of European Private International Law by National Judges: Challenges and Shortcomings (p. 185)

The Application of European Private International Law by National Judges: Making the Job Easier (p. 205)

A Common Discourse in European Private International Law? A View from the Court System (p. 215)

National Court Systems and Uniform Application of European Private International Law (p. 235)

3 EUROPEANNESS OF ACADEMIC DISCOURSE

National Styles of Academic Discourse and their Impact on European Private International Law: A View from France (p. 255)

National Styles of Academic Discourse and their Impact on European Private International Law: A Portuguese Perspective (p. 273)

Political Private International Law: How European are Overriding Mandatory Provisions and Public Policy Exceptions? (p. 285)

Public Policy and Overriding Mandatory Rules as Mirrors of the EU System of Th ought and Integration: On the ‘Europeanness’ of Exceptions and Oddities (p. 303)

Private International Law in Legal Education in Europe and Selected Other Countries (p. 333)

Should European Teachers Focus on European Private International Law? (p. 355)