Formation, Development and Modern State of Private International Law in the European Union

Oksana Rudenko
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Oksana Rudenko: Yuriy Fedkovych Chernivtsi National University

European Journal of Law and Public Administration, 2018, vol. 5, issue 2, 34-46

Abstract: The article discloses the formation, development and modern state of private international law in the European Union. The concept of “European private international law†, including an analysis of the term in a narrow, wide and broadest sense is revealed in the article. The author analyses three main stages in the development of the private international law (PIL) in the EU, in particular: formation (1957 ‒ 1999); active development ‒ after the entry into force of the Amsterdam Treaty (1999 ‒ 2009); modern period ‒ after the entry into force of the Lisbon Treaty (2009 ‒ present).This article examines the limits of EU legislation as the source of a single law and highlights the difficulties associated with projects on the codification of private law in the EU. Such an approach may be appropriate in the current state of EU integration if it is limited by the rules of binding contract law and the provisions of private international law. Further harmonization of private law in Europe also requires significant changes in the institutional structure for the creation of uniform rules and the development of new methods of regulation.

Keywords: European Union; European private international law; private international law; harmonization; unification; law of collision; conflict law; material law; foreign element. (search for similar items in EconPapers)
JEL-codes: H7 K10 K15 K33 (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:5:y:2018:i:2:p:34-46

DOI: 10.18662/eljpa/40

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