Cross-border Litigation in Europe: Private International Law Legislative Framework, National Courts and the Court of Justice of the European Union

 

The increased importance of Private International Law for disputes in civil and commercial matters, which may affect businesses, consumers and families, raises concern as to the cost of cross-border litigation as well as to the uniform application of Private International Law instruments across the European Union Member States. As a consequence, a number of potential cross-border litigants may believe that the risks of litigation may overweigh the benefits.

The project aims at analyzing how the European Judicial Network is effective for the creation of a “Europe of Law and Justice” (Stockholm Program). In particular, the following research questions are raised:

 

• Is the European Judicial Network suited to provide an effective remedy for cross-border litigants whose rights have been violated? (Article 47 (1) of the European Charter for Fundamental Rights)
• Do national courts deal appropriately with harmonized Private International Law instruments?
• Does the Court of Justice of the European Union deal appropriately with Private International issues?
• Is there a need to reform the European legal and judicial statu quo?

 

The research uses an empirical and comparative methodology for the study of the various European legal traditions. The analyses undertaken, both quantitative and qualitative, are conducted on a representative sample of European Union Member States (Belgium, Germany, Italy, Poland, Spain and the United Kingdom).

The project research is academic and policy oriented in as much as it aims at proposing new ways to improve the effectiveness of Private International Law instruments in the European Union.

More information on the project (PDF):