The Gap between Legal Disciplines, Blind Spot of the Research in Law: Remarks on the Operation of Private International Law in the EU – SSRN, Feb. 2017
publié le 10 février, 2017
The Gap between Legal Disciplines, Blind Spot of the Research in Law:
Remarks on the Operation of Private International Law in the EU
Available at SSRN: https://ssrn.com/abstract=2913418
The European Union law offers itself as a new legal context in which the constructions of private international law are now massively deployed. In addition to the pre-existing national contexts, the various pre-established international or transnational environments, the European Union is likely to profoundly change the substance and the conditions for the implementation of the law on the status of aliens, conflicts of laws, conflicts Jurisdictions and the recognition of decisions, acts and situations born abroad.
The changes brought about by the emergence of this new European legal framework are far from having delivered all their manifestations. The three generations of European law which have so far succeeded do not suffice to shed light on all the areas of shadow left behind by the two major legal areas of the European Union, namely the internal market space and the area of freedom, security and justice.
But the movement is on the way, which suggests dialectical games which can reasonably be supposed to be well established today.
These dialectical reports show at the first level a confrontation of the methods and solutions of private international law and the legal system of the European Union where the irreducibility of the two subjects of European law and private international law suggests a cross-game of influence on each other.