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CEPIL - Cross-Border Litigation in Central-Europe: EU Private International Law before National Courts

March 27, 2019, 4 p.m.

The workshop is supported by the European Commission Directorate General Justice and Consumers (800789 CEPIL JUST-AG-2017/JUST-JCOO-AG-2017).

Thanks to the European integration's stimulation of intra-EU trade and mobility, the number of economic transactions and the migration of people have increased remarkably, calling for a clear and effective legal framework. In response to this need, the EU has made extensive use of its competences created by the Treaty of Amsterdam and has enacted various European private international law ("EU PIL") instruments, taking over most of the field of national private international laws. EU PIL instruments are applied increasingly and gained a determinative significance in civil matters. Nevertheless, national litigants, judges and authorities are still facing challenges in cross-border matters. EU PIL rules need to be applied in a uniform manner. Furthermore, parties and legal counsels engaged in cross-border litigation assume higher risks and incur higher costs.

Nonetheless, the value of private international law unification can be preserved only if the EU PIL instruments are applied correctly and uniformly, hence, the European endeavours in the field should not and cannot stop at statutory unification but need to embrace the judicial practice and make sure that besides the vertical communication between the Court of Justice of the European Union ("CJEU") and national courts, there is also a horizontal communication between national courts, authorities and the legal community in general. This is crucial for businesses, consumers and families engaged in cross-border mobility, who may be dissuaded from exercising their free movement rights, if encountering unpredictability, uncertainty and unreasonably high costs. Member State courts have a very significant role in the creation of a "Europe of law and justice"1 and the success of EU PIL in fulfilling its function, to a large extent, centres around Member State courts' correct and adequate application of the EU PIL rules.

The CEPIL project inquires whether EU PIL functions optimally in the CE Member States in order to secure "a Europe of law and justice". It examines whether EU PIL instruments are applied in CE Member States in a correct and uniform manner, whether Member State courts deal appropriately with disputes having a cross-border element and whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants.


© 2011 Law School, Sapientia Hungarian University of Transylvania, Faculty of Sciences and Arts, Cluj-Napoca

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