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EU Regulation 'Rome I' as a step forward in the Europeanization of conflict of laws

EC Regulation 593/2008 on the law applicable to contractual obligations (‘Rome I’) entered into force on 17th December 2009, replacing in the Member States of the European Union the 1980 Rome Convention on the same matter. This change is only the most recent step of a long process of Europeanization (or communitarization) of conflicts of laws, which began with the original Treaty of Rome of 1957, had its turning point in the provisions of the Treaty of Amsterdam in 1997 and now shows even further improvements in the Treaty of Lisbon in 2007. This paper aims to explain what objectives are promoted by the European authorities in the enactment of instruments of private international law and to assess whether the provisions of Rome I, in comparison to the previous text of the Rome Convention, are a successful contribution to this process and, thus, an improvement of the judicial cooperation inside the EU.

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6 CHAPTER 1 The development of the legislative competence of the European Union on measures promoting the harmonization of conflict of laws The analysis of the Regulation Rome I 1 (hereinafter, ‗Rome I‘ or ‗the Regulation‘) needs to be put into the context of the developments occurred in the field of European private international law due to the progressive expansion of judicial cooperation between Member States. An account will be given of the history of this process and its reasons, focusing the attention on the area of PIL concerning choice-of-law rules, as opposed to those regarding jurisdiction, recognition and enforcement of judgments. 1.1 The intergovernment al phase The original EC treaty of Rome of 1957 2 did not provide any direct reference to private international law nor a specific competence of the European Community in this field 3 . Nonetheless, the founding Member States acknowledged the importance of an easier circulation of judgments for the achievement of the Community objectives and, accordingly, they agreed that Member States should enter into negotiations of legal instruments regarding “the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards” (Article 220 fourth indent Treaty of Rome 4 ). As a result, the European Community did not have any competence on harmonization or 1 Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, [2008] OJ L 177/6. 2 Treaty Establishing the European Economic Community, done at Rome on 25 March 1957, 298 UNTS 11 (EC Treaty). 3 Jürgen Basedow, ‗The Communitarization of the Conflict of Laws under the Treaty of Amsterdam‘ (2000) 37 CMLR 687. 4 Later this article was renumbered 293 by the Treaty of Amsterdam and finally repealed by the Treaty of Lisbon, see para 1.3.

Tesi di Master

Autore: Carlo Maria Vincenzo De Naro Papa Contatta »

Composta da 49 pagine.

 

Questa tesi ha raggiunto 81 click dal 24/02/2011.

 

Consultata integralmente una volta.

Disponibile in PDF, la consultazione è esclusivamente in formato digitale.