DOCSLIB.ORG

Current Gaps and Future Perspectives On

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Current Gaps and Future Perspectives On DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZEN’S RIGHTS AND CONSTITUTIONAL AFFAIRS LEGAL AFFAIRS A European Framework for private international law: current gaps and future perspectives STUDY Abstract This report identifies the gaps that exist in the current European framework of private international law and suggests a road map towards a more comprehensive codification of EU private international law. For the time being, legislative efforts should be directed at creating separate instruments for well-defined problems of private international law. The fruits of these efforts could in the long-term be combined in a code of EU private international law. PE 462.487 EN This document was requested by the European Parliament’s Committee on Legal Affairs AUTHORS Prof. Dr. Xandra Kramer (scientific director) Mr Michiel de Rooij, LL.M. (project leader) Dr. Vesna Lazić Dr. Richard Blauwhoff Ms Lisette Frohn, LL.M. RESPONSIBLE ADMINISTRATOR Ms Vesna Naglič Policy Department C – Citizens’ Rights and Constitutional Affairs European Parliament B – 1047 Brussels E-mail: [email protected] LINGUISTIC VERSION Original: EN Translation: DE/FR ABOUT THE EDITOR To contact the Policy Department or to subscribe to its newsletter please write to: poldep- [email protected] European Parliament, manuscript completed in November 2012 © European Union, 2012 This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. 2 A European Framework for private international law: current gaps and future perspectives ________________________________________________________________________________________ CONTENTS LIST OF ABBREVIATIONS 6 EXECUTIVE SUMMARY 7 INTRODUCTION 12 PART I: CURRENT GAPS AND FUTURE PERSPECTIVES 15 1. THE EXISTING GAPS IN THE EUROPEAN FRAMEWORK OF PRIVATE INTERNATIONAL LAW 17 1.1. The contents of the current framework 17 1.2. The legislative framework in force 17 1.2.1. Regulations 17 1.2.2. Regulations expected in the near future 19 1.2.3. EU-Regulations and specific Hague Conventions 19 1.2.4. Directives 20 1.2.5. Other relevant EU legislation 20 1.3. Exceptions to the scope of the EU Regulations 21 1.3.1. Brussels I Regulation (No. 44/2001) 21 1.3.2. Regulation Brussels II-bis (No. 2201/2003) 25 1.3.3. Regulation Rome I (No. 593/2008) 28 1.3.4. Regulation Rome II (No. 864/2007) 31 1.3.5. Maintenance Regulation (No. 4/2009) 32 1.3.6. Regulation Rome III (No. 1259/2010) 33 1.3.7. The Insolvency Regulation (No. 1346/2000) 34 1.3.8. European Enforcement Order Regulation (No. 805/2004) 36 1.3.9. European Payment Order Regulation (No. 1896/2006) 36 1.3.10. European Small Claims Procedure Regulation (No. 861/2007) 37 1.3.11. The Succession Regulation 38 1.4. Exception to the scope of relevant Hague Conventions 39 1.5. Citizenship of the Union 39 1.5.1. ECJ case law relevant for (cross) border private law issues 39 1.5.2. Other areas of European private international law connected to Union citizenship 43 1.6. The systematic structure of private international law 46 1.6.1. The traditional analysis of private international law 46 1.7. Gaps that exist within the framework 48 1.7.1. Gaps identified on the basis of the scope of the current framework 48 1.7.2. Gaps identified on the basis of the systematic structure of private international law 49 1.7.3. Concluding remarks with respect to the gaps 51 3 Policy Department C – Citizens’ Rights and Constitutional Affairs ________________________________________________________________________________________ 2. ADDITIONS THAT ARE NEEDED TO THE CURRENT FRAMEWORK, NOW AND IN THE FUTURE 53 2.1. Additions required in view of the genuine European area of justice 53 2.1.1. Articles 67 and 81, TFEU 53 2.1.2. The Tampere 1999, The Hague 2004 and Stockholm 2009 programmes 54 2.2. Private international law on the national level 55 2.2.1. PIL is also a phenomenon of national law 55 2.2.2. The situation in the Member States 55 2.3. A brief comparison of three recent codifications: Belgium, the Netherlands and Poland 58 2.3.1. The Belgian Code of Private International Law 2004 58 2.3.2. Book 10 Dutch Civil Code 59 2.3.3. The Polish Act of February 4, 2011 on Private International law 60 2.3.4. The subject matter in more detail 61 2.3.5. The rationale behind the national codification 63 2.4. Developments in internal substantive law that influence PIL 64 2.5. Gaps in the European framework and the contents of national PIL law 65 2.5.1. Comparison between the framework and the national codifications 65 2.5.2. Developments in internal law not identified in the framework 66 2.6. The gaps that can be identified 66 2.6.1. The territorial scope of the rule 66 2.6.2. Systematic gaps 67 2.6.3. Deliberate gaps 67 2.6.4. Notions open to interpretation found in the framework 68 2.7. Additions to the framework 69 3. THE ROLE OF THE EU LEGISLATURE 70 3.1. The options that are in general open to the EU legislature in respect of PIL 70 3.1.1. The legal basis of EU legislation on PIL 70 3.1.2. EU PIL legislation as a replacement of national PIL 70 3.1.3. EU PIL legislation and the relation to international PIL instruments 71 3.1.4. Further legislation by specialised instruments or restructuring through codification 71 3.1.5. The impact of harmonisation or unification of substantive law by the EU 72 3.2. Expansion of the existing EU legislation 73 3.2.1. Pressing issues in the additions identified 73 3.2.2. A code on private international law as a novel option 73 PART II: EXTENDING THE FRAMEWORK TO A CODE 74 4. CONTRIBUTIONS AND ADVANTAGES FOR THE STAKEHOLDERS 74 4.1. Which stakeholders can be identified? 74 4 A European Framework for private international law: current gaps and future perspectives ________________________________________________________________________________________ 4.2. Contributions and advantages that can be identified 77 4.2.1. Facilitation of cross-border transactions, reduction of costs, acceleration of legal proceedings 77 4.2.2. Other contributions and advantages 77 5. THE CONTRIBUTIONS AND ADVANTAGES OF A COMPREHENSIVE CODIFICATION (A CODE) 79 5.1. The difference between a code and separate legal instruments 79 5.1.1. What is understood by a ‘code’? 79 5.1.2. Benefits traditionally attributed to a ‘code’ 80 5.1.3. The current overlaps between the existing instruments in the framework 80 5.1.4. Whether these current overlaps will also be relevant for the proposed additions 81 5.1.5. Contributions and advantages of a code for the stakeholders 81 6. THE APPROACH FOR A CODE – GRADUAL HARMONISATION OR SIMULTANEOUS ADOPTION 83 6.1. Experiences from various member states 83 6.1.1. The Netherlands (gradual adoption) 83 6.1.2. Belgium (simultaneous adoption) 83 6.1.3 Poland (simultaneous adoption) 83 6.1.4. Critical analysis of gradual harmonisation as opposed to simultaneous adoption 83 6.2. The most suitable solution in view of the EU perspective 84 6.2.1. What must be taken into account? 84 7. WHETHER A CODE IS ACHIEVABLE AND THE USE OF ENHANCED CO-OPERATION 86 7.1. A PIL code and the need for supporting national legislation 86 7.2. The use of enhanced co-operation 86 8. SUGGESTED STRUCTURE FOR A CODE, GENERAL PRINCIPLES AND RELEVANT ISSUES 89 8.1. The most suitable legislative instrument for a code 89 8.2. The preferred structure for a code 89 8.3. Basic agreement on the contents of EU PIL legislation 90 CONCLUSIONS 92 REFERENCES 94 5 Policy Department C – Citizens’ Rights and Constitutional Affairs ________________________________________________________________________________________ LIST OF ABBREVIATIONS Art. Article CISG United Nations Convention On Contracts For The International Sale Of Goods, 1980 (CISG) CJEU Court of Justice of the European Union CMR Convention on the Contract for the International Carriage of Goods by Road (CMR) - (Geneva, 19 May 1956) ECJ European Court of Justice ECR European Court Reports EEC European Economic Community EGBGB Introductory Act to the German Civil Code ERPL/REDP European Review Public Law / Revue Européenne de Droit Public EU European Union EWCA Court of Appeal of England and Wales EWHC High Court of England and Wales IPRax Praxis des internationalen Privat- und Verfahrensrechts No. Number NL CC Netherlands Civil Code NL CCP Netherlands Code of Civil Procedure NtER Nederlands Tijdschrift voor Europees Recht OJ Official Journal PIL Private international law PPIL Polish Private International Law Act TCN Third Country National TCNs Third Country Nationals TEU Treaty on European Union TFEU Treaty on the Functioning of the European Union WPNR Weekblad voor Privaatrecht, Notariaat en Registratie ZEuP Zeitschrift für Europäisches Privatrecht 6 A European Framework for private international law: current gaps and future perspectives ________________________________________________________________________________________ EXECUTIVE SUMMARY This report aims to identify the existing gaps in the current framework of private international law in the EU, and to study where additions to this framework are required. It further addresses the question whether a more comprehensive codification of private international law in the EU is needed and, if so, how this can be achieved. The term ‘framework of private international law’ covers all EU instruments in force that relate to the problem of jurisdiction, applicable law and the recognition and enforcement of foreign judgments and authentic instruments.
Load more

Recommended publications
  • Trespass Torts and Self-Help for an Electronic Age
    Tulsa Law Review Volume 44 Issue 4 The Scholarship of Richard A. Epstein Summer 2009 Trespass Torts and Self-Help for an Electronic Age Catherine M. Sharkey Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Catherine M. Sharkey, Trespass Torts and Self-Help for an Electronic Age, 44 Tulsa L. Rev. 677 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol44/iss4/2 This Legal Scholarship Symposia Articles is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Sharkey: Trespass Torts and Self-Help for an Electronic Age TRESPASS TORTS AND SELF-HELP FOR AN ELECTRONIC AGE Catherine M. Sharkey* INTRODU CTION ................................................................................................................ 678 1. SELF-HELP: THE MISSING THIRD REMEDY .......................................................... 679 II. CONCEPTUALIZING SELF-HELP IN CYBERTRESPASS DOCTRINE ........................... 684 A. Self-Help in Plaintiff's Prima Facie Case ................................................... 684 1. Threshold Prerequisite to Invoke Legal Process ................................... 684 2. Liability for Evasion of Self-Help ........................................................ 687 B. Self-Help "Opt-Out" as Affirmative Defense ............................................
    [Show full text]
  • The German Civil Code
    TUE A ERICANI LAW REGISTER FOUNDED 1852. UNIERSITY OF PENNSYLVANIA DEPART=ENT OF LAW VOL. {4 0 - S'I DECEMBER, 1902. No. 12. THE GERMAN CIVIL CODE. (Das Biirgerliche Gesetzbuch.) SOURCES-PREPARATION-ADOPTION. The magnitude of an attempt to codify the German civil. laws can be adequately appreciated only by remembering that for more than fifteefn centuries central Europe was the world's arena for startling political changes radically involv- ing territorial boundaries and of necessity affecting private as well as public law. With no thought of presenting new data, but that the reader may properly marshall events for an accurate compre- hension of the irregular development of the law into the modem and concrete results, it is necessary to call attention to some of the political- and social factors which have been potent and conspicuous since the eighth century. Notwithstanding the boast of Charles the Great that he was both master of Europe and the chosen pr6pagandist of Christianity and despite his efforts in urging general accept- ance of the Roman law, which the Latinized Celts of the western and southern parts of his titular domain had orig- THE GERM AN CIVIL CODE. inally been forced to receive and later had willingly retained, upon none of those three points did the facts sustain his van- ity. He was constrained to recognize that beyond the Rhine there were great tribes, anciently nomadic, but for some cen- turies become agricultural when not engaged in their normal and chief occupation, war, who were by no means under his control. His missii or special commissioners to those people were not well received and his laws were not much respected.
    [Show full text]
  • Conflict of Laws-Application of Full Faith and Credit Clause to State Court's Finding in Support of Its Jurisdiction
    Washington and Lee Law Review Volume 6 | Issue 1 Article 6 Spring 3-1-1949 Conflict Of Laws-Application Of Full Faith And Credit Clause To State Court'S Finding In Support Of Its Jurisdiction Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Conflict of Laws Commons Recommended Citation Conflict Of Laws-Application Of Full Faith And Credit Clause To State Court'S Finding In Support Of Its Jurisdiction, 6 Wash. & Lee L. Rev. 61 (1949), https://scholarlycommons.law.wlu.edu/wlulr/vol6/ iss1/6 This Comment is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. 1949 CASE COMMENTS 55 CASE COMMENTS BANKRUPTCY-DEFINITION OF "FARUER" FOR PURPOSES OF RELIEF THROUGH AGRICULTURAL COMPOSITIONS AND EXTENSIONS. [Federal] The availability of relief under the agricultural compositions and extensions phases of federal bankruptcy legislation depends on the pe- titioner's ability to bring himself within the definition of a farmer as set out in Section 75 (r) of the Bankruptcy Act.1 Prior to 1933, the Bankruptcy Act reference to farmers was merely to those "engaged chiefly in fanning or the tillage of the soil."2 However, the special legis- lation of 1933 adopted a definition in the alternative, providing that persons who
    [Show full text]
  • Conflict of Laws: Contracts and Other Obligations F
    Louisiana Law Review Volume 35 | Number 1 Fall 1974 Conflict of Laws: Contracts and Other Obligations F. Michael Adkins Repository Citation F. Michael Adkins, Conflict of Laws: Contracts and Other Obligations, 35 La. L. Rev. (1974) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol35/iss1/8 This Comment is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. COMMENTS CONFLICT OF LAWS: CONTRACTS AND OTHER OBLIGATIONS In ordering relations between parties to a contract, the courts have developed standards for choosing between conflicting laws of two or more jurisdictions in at least four areas of contract law: capac- ity of the parties to contract, availability and nature of the remedy, formal validity, and substantive validity.' Of the fascicle of conflicts rules applicable to such a problem, those providing the substantive law to determine the validity of the alleged contract have been dealt 1. Louisiana jurisprudence peculiarly splits these considerations of conflicts prob- lems sounding in contract into separate categories. Capacity: The law of the domicile of the parties in question controls the capacity to contract. See Pilcher v. Paulk, 228 So. 2d 663 (La. App. 3d Cir. 1969) (minors); Sun Oil Co. v. Guidry, 99 So. 2d 424 (La. App. 1st Cir. 1957) (minors). Louisiana courts have regularly held that the law of the domicile of the parties governs the capacity of a party to contract with his or her spouse for a regime other than the community of gains, or for a settlement or division of property owned in common.
    [Show full text]
  • Resolving International Conflict of Laws by Federal and State Law, 2 Pace Y.B
    Pace International Law Review Volume 2 Issue 1 Article 3 September 1990 Resolving International Conflict of Laws yb Federal and State Law James A.R. Nafziger Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation James A.R. Nafziger, Resolving International Conflict of Laws by Federal and State Law, 2 Pace Y.B. Int'l L. 67 (1990) Available at: https://digitalcommons.pace.edu/pilr/vol2/iss1/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. RESOLVING INTERNATIONAL CONFLICT OF LAWS BY FEDERAL AND STATE LAW James A.R. Nafzigert THE ISSUE: A PRELIMINARY ANALYSIS A recurring problem in a federal system is to determine the applicability of state law in international cases before civil courts. In the United States this problem arises in both state courts and federal courts considering cases under diversity juris- diction. From one viewpoint, rules applicable in domestic cases ought generally to apply in international cases as well. Thus, state law should apply in international cases when it would ordi- narily apply in domestic cases. An important corollary is that federal common law should not displace state law except when federal interests are unusually compelling. This is generally the rule today. A contending argument, however, favors a more fully federalized choice of law to replace state law in both federal and state courts.
    [Show full text]
  • Comparative Commercial Law of Egypt and the Arabian Gulf
    Cleveland State Law Review Volume 34 Issue 1 Conference on Comparative Links between Islamic Law and the Common Law: Article 12 Cross-Cultural Interaction between Islamic Law and Other Legal Systems 1985 Comparative Commercial Law of Egypt and the Arabian Gulf Ian Edge University of London Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Commercial Law Commons, and the Comparative and Foreign Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Ian Edge, Comparative Commercial Law of Egypt and the Arabian Gulf, 34 Clev. St. L. Rev. 129 (1985-1986) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. COMPARATIVE COMMERCIAL LAW OF EGYPT AND THE ARABIAN GULF IAN EDGE* I. INTRODUCTION ........................................ 129 II. COLONIAL RULE ....................................... 130 A. Ottoman Turkey .................................. 131 B . Egypt ............................................ 131 III. POST SECOND WORLD WAR TO 1970 ..................... 132 IV. THE DECADE OF 1970 To 1980 .......................... 134 V. FROM 1980 TO PRESENT ................................ 136 VI. MODERNIZATION OF LAW IN THE ARABIAN GULF .......... 138 A. Practice of Law ................................... 138 B . Legislation ......................................
    [Show full text]
  • On the Structure of a Civil Code
    Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 1970 On the Structure of a Civil Code Alain A. Levasseur Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Law Commons Repository Citation Levasseur, Alain A., "On the Structure of a Civil Code" (1970). Journal Articles. 336. https://digitalcommons.law.lsu.edu/faculty_scholarship/336 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. ON THE STRUCTURE OF A CIVIL CODE ALAIN LEVASSEUR* INTRODUCTION The civil code has always been for the civil lawyer one of those rich fertile fields in which one can, with some intelligence, reflection and shrewd ness, harvest the fruits of one's creative efforts. Harvests seem to be endless: they appear more and more beautiful and elaborate, so much so that the instrument one hand les, the tool that helps to engender so many highly sophisticated intellec­ tual works, is relegated to the background. We should like here to lean for a little while on this instrument, on its outlook or its shape, on its formal structure, rather than on its intellectual con­ tent. We thereby hope to honor the memory of our deeply revered professor and prominent colleague, Clarence J. Morrow, whose skill, dexterity and perfect knowledge of the Louisiana Civil Code had always been a subject of wonder and admiration on the part of his students and fellow scholars.
    [Show full text]
  • Schlumberger Non Compete Agreement
    Schlumberger Non Compete Agreement Baxter label his sweeting discontents Somerville or energetically after Quiggly clokes and intercede inchoately, delicate and netted. Half-round and nonpareil Englebert dignifies: which Brady is synchronous enough? Leopold is hollow-eyed and enfetter swingeingly as slumbery Merlin disorientating thence and fumes moderately. To curtail employment by their counsel for our lawyers from working for a finding the company who must compete agreement shall be immediately and agreement and middlesex county chopper versus paul schlumberger Including non-compete agreements at wwwsmoothtransitionslawblogcom. Company agree with your pixel id here with all other provision using good hands are not. Instead provides for messages back if any. The person who were that we address to. Across schlumberger had made at this article submitted on future events or written instrument in any plausible geographic markets. Ex-Halliburton Chairman Lesar to start big oil-services. Analysis Schlumberger lawsuit is lesson 'not to enhance lip review' to. A Global Perspective Summary of Covenants Not always Compete. Because they are stored on your new design support this. Members listen to achieve say no salt everything but write around down. No choice at schlumberger. User and blue pencils; simply has allowed to compel arbitration agreement will vest and. 3 Ways to Get series of a Non Compete Agreement wikiHow. Schlumberger did not yet respond saying a all for comment. Employment Non-Competition and Non-Solicitation Agreement. The priest is granted effective as consider the Grant study by Schlumberger. Fourth Circuit Shoots Down Overbroad Noncompete Agreement. Helmerich & Payne Int'l Drilling Co v Schlumberger Tech.
    [Show full text]
  • Switzerland to Ratify Hague Trust Convention
    Switzerland to ratify Hague Trust Convention The Swiss Federal Justice Department is inviting comments on its latest draft legislation covering Switzerland’s by Richard Pease ratification of the Hague Trust Convention. Its arguments are outlined below. Lenz & Staehelin Geneva, Switzerland On 20th October the Swiss Federal Justice decisions. However, the Justice Department does Department announced further details of its not consider it appropriate to follow Professor plan to recommend to the Swiss parliament an Thévenoz’s recommendations in this respect, early ratification of the Hague Trust and has decided to restrict the new proposals to Convention. In December 2003, an earlier the specific area of trusts. The most important consultation paper was circulated to various of these proposals are summarised below. “... the resulting professional bodies (including STEP draft legislation has Switzerland) and other interested parties, who ADDITIONS TO THE PRIVATE Downloaded from https://academic.oup.com/tandt/article/11/1/17/1711135 by guest on 29 September 2021 now been circulated responded by making comments and INTERNATIONAL LAW ACT suggestions on the preliminary draft proposal Four new sections would be added to the Private for wider aimed at adapting Swiss law to permit full International Law Act (“PILA”). consultation.” statutory recognition in Switzerland of the The court of jurisdiction which would be incidences of the trust relationship. Those competent to rule on the legal effect, the comments have been largely incorporated in the administration, modification or termination of a Justice Department’s latest proposals, and the trust created by a legal act (thus excluding resulting draft legislation has now been constructive trusts) would be that designated (in circulated for wider consultation.
    [Show full text]
  • Official Journal of the European Union
    Official Journal C 399 of the European Union Volume 63 English edition Information and Notices 23 November 2020 Contents IV Notices NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES Court of Justice of the European Union 2020/C 399/01 Last publications of the Court of Justice of the European Union in the Official Journal of the European Union . 1 Court of Justice 2020/C 399/02 Appointment of the First Advocate General . 2 2020/C 399/03 Designation of the Chamber responsible for cases of the kind referred to in Article 107 of the Rules of Procedure of the Court (urgent preliminary ruling procedure) . 2 2020/C 399/04 Election of the Presidents of the Chambers of three Judges . 2 2020/C 399/05 Taking of the oath by new Members of the Court . 2 2020/C 399/06 Assignment of Judges to Chambers . 3 2020/C 399/07 Lists for the purposes of determining the composition of the formations of the Court . 3 EN V Announcements COURT PROCEEDINGS Court of Justice 2020/C 399/08 Case C-485/18: Judgment of the Court (Third Chamber) of 1 October 2020 (request for a preliminary ruling from the Conseil d’État — France) — Groupe Lactalis v Premier ministre, Garde des Sceaux, ministre de la Justice, Ministre de l’Agriculture et de l’Alimentation, Ministre de l’Économie et des Finances (Reference for a preliminary ruling — Regulation (EU) No 1169/2011 — Provision of food information to consumers — Article 9(1)(i) and Article 26(2)(a) — Mandatory indication of the country of origin or place of provenance of foods — Failure to indicate which might
    [Show full text]
  • General Rules on Private International Law in the American Countries
    239 CHAPTER III GENERAL RULES ON PRIVATE INTERNATIONAL LAW IN THE AMERICAN COUNTRIES. COMPARATIVE LAW From the commentaries of Acursio (1228) up until the formula­ tion of the early general problems of private international law in the 19th century100, more than 600 years elapsed during which time specific conflicts rules relating to various substantive areas of law became part of civil or commercial codes101. Nonetheless, general institutions of private international law normally have not been enacted, and, therefore, the discipline of private international law does not presently enjoy legislative autonomy. In the Americas, the rules of private international law cannot be found in any single body of laws because the codes adopted throughout the hemisphere were enacted prior to the formulation of the general theory of private international law. It was only at the beginning of this century that a regional doctrinal trend, in­ spired by the worldwide achievement of scientific autonomy for private international law, began to develop in the Americas and sought solutions to the problems presented by the general institu­ tions of this discipline. More recently, a number of judgments have accorded the value related institutions of private international law greater relevance by seeking due justice, rather than formal adjudi­ cation in each specific case102. The Inter-American Convention on General Rules recognizes as fundamental this doctrinal and jurisprudential trend characterized by a growing deference for foreign law and for the individual in­ terests related thereto. For that reason, before examining the regional convention, it is appropriate to consider the national legislation as an overview and threshold to the study of regional conventional law.
    [Show full text]
  • The Rome II Regulation the Law Applicable to Non-Contractual Obligations
    ©2009 Andrew Dickinson Not to be re-published in any form without permission The Rome II Regulation The Law Applicable to Non-Contractual Obligations Andrew Dickinson www.romeii.eu First Online Supplement – May 2009 Author’s Introduction This supplement focuses on developments since October 2008. In particular, in the absence of judicial consideration of the Regulation’s provisions following its application date (11 January 2009), it draws attention to legislation implementing the Regulation in the United Kingdom, to recent ECJ cases concerning other EC private international law instruments, to new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles. There is an ever growing body of literature on the Regulation, in the form of both books and articles. As is to be expected, the authors consider a wide array of issues and express widely diverging views on many of those issues. It is, of course, no more legitimate to resolve difficult or controversial questions by counting the number of supporters for a particular position than it is to determine the law applicable to a non-contractual obligation by numerically listing the number of contacts to a particular country or its law. Accordingly, the references in the following commentary to the views of other writers are intended to facilitate access to their reasoning on specific points, whether in line with or opposed to the reasoning in the main work, rather than attempts to buttress or weaken the author’s position on those points by citation alone. Notes A second cumulative supplement to Dicey, Morris & Collins, The Conflict of Laws (14 th edn, 2006) was published in December 2008.
    [Show full text]