The development of EU private international law as means of realization of its objectives

• Main Author: Bordaš Bernadet I.
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2016-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: Private international law of EU; objectives of EU; legislative competence of EU; method of interstate cooperation; community/union method; sources of Europeanized private international law
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2016/0550-21791604373B.pdf

This paper offers an overview of the origin and development of Europeanized private international law as the part of union law. The name Europeanized private international law is derived from the method and degree of harmonization of the matter which makes the subject of national private international law. The extent to which harmonization is achieved depends on two factors: the first are the objectives of the European Union as a regional international organization of economic character and the other is the legislative procedures prescribed by the founding treaties of the EU. While the objectives of the EU determine the legal basis of creating the Europeanized private international law, the legislative procedure shows the extent of the powers of the legislative authority to create EU acts falling under matters of private international law. Taking into account these two factors the development of the Europeanized private international law has two periods: the period of inter-state cooperation and the period of communitarization, or europeanization. The research covers analysis of the founding treaties, starting with the Rome Treaty establishing the European Economic Community 1957 and ending with the Lisbon treaties 2007. The focus is on EU objectives and legislative competence of the EU institutions, as well as on the jurisdiction of the Court of justice of the European Union to give preliminary rulings.