How European Is European Private International Law?

Description:

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"

subjects: Civil law,  International unification,  Conflict of laws,  Internationales Privatrecht,  European Union,  European private law,  Private international law,  Community law and international law,  Europäische Union