ABSTRACT
The term ‘framework of European private international law’ covers all EU instruments in force, dealing with the problem of jurisdiction, applicable law, recognition and enforcement of law, foreign judgments and authentic instruments. Private international law has traditionally been, and in part still is, a matter of national law. Each state has its own rules to deal with jurisdiction, applicable law, recognition and enforcement of foreign judgments. Europe has an interest in matters of private international law since the 1957 Treaty on the European Economic Community. The Treaty of Amsterdam 1997 introduced the broader concept of judicial cooperation and brought three core issues of private international law into the field of the European Community. The three core issues are now found in Article 81 (2) (a) and (c), Treaty on the Functioning of the European Union.
This paper suggests a road map towards a more comprehensive codification of EU private international law. At the moment, legislative efforts should be directed to the creation of special instruments for well-defined problems in European private international law. The fruits of these efforts can be long-lasting if they are combined into a code of EU private international law …
Ervis Çela, Saimir Fekolli and Endi Kalemaj, Codification of European Private International Law!, Interdisciplinary Journal of Research and Development, 11 (1 S1), 154 (2024). Published 23 April 2024.
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