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How European Is European Private International Law?: Sources, Court Practice, Academic Discourse

How European Is European Private International Law?: Sources, Court Practice, Academic Discourse

Author: Jan von Hein; Eva-Maria Kieninger; Giesela Ruhl
Publisher: Intersentia Publishers
ISBN: 9781780686981
Published In: September 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Table of Contents and preliminary matter (p.

Introduction (p.

1. EUROPEANNESS OF LEGAL SOURCES

The Relationship between EU Legislation and International Instruments in the Field of Private International Law

Regulations and Conventions: A Comment on the Sources of European Union Private International Law

Interaction between EU Regulations and Member State Codifi cation of Private International Law: From Patchwork to Network

A View from the Trenches on EU and Member State Private International Law

2. EUROPEANNESS OF COURT PRACTICE

The Application of European Private International Law and the Ascertainment of Foreign Law

When Should EU Private International Law Require that Foreign Law be Applied?

The Application of European Private International Law by National Judges: Challenges and Shortcomings

The Application of European Private International Law by National Judges: Making the Job Easier

A Common Discourse in European Private International Law? A View from the Court System

National Court Systems and Uniform Application of European Private International Law

3. EUROPEANNESS OF ACADEMIC DISCOURSE

National Styles of Academic Discourse and their Impact on European Private International Law: A View from France

National Styles of Academic Discourse and their Impact on European Private International Law: A Portuguese Perspective

Political Private International Law: How European are Overriding Mandatory Provisions and Public Policy Exceptions?

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

Private International Law in Legal Education in Europe and Selected Other Countries

Should European Teachers Focus on European Private International Law?