Institution of conflict of laws within the European Union – a few considerations Cover Image
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Instituția conflictului de legi în Uniunea Europeană – câteva considerații
Institution of conflict of laws within the European Union – a few considerations

Author(s): Radu Bogdan Bobei
Subject(s): Civil Law, International Law, Public Law, EU-Legislation, Commercial Law
Published by: Uniunea Juriștilor din România
Keywords: conflict of laws; private law; public law; codification; transnational law;

Summary/Abstract: The concept of „conflict of laws” displays within the European Union its own identity, In light of which it can be assessed as a tool designed to strengthen the EU internal market. The legislative view on holism helps in this respect. Therefore, EU private law and public law meat each other on the „territory” of the „conflict of laws” intended codification. Such EU codification is very familiar to the concept of „transnational law”. Otherwise speaking, the codification of conflict of laws is evolving by its very nature, on the one side; it involves the so-called „costs of multi-level law making”, on the other side. The interaction between such levels is not always friendly. Transnational law, understood as methodology, helps in comprehending the afore-mentioned interaction. Furthermore, it helps us understand the concept of „conflict of laws” employed by the European Union as specific tool of political government and economic governance altogether. The identity of the concept of conflict of laws in European Union requires a new scholarly project „Rome–1”. One of this article’s aims is to reflect the importance of the said project. Our conclusions emphasize the need of adding a new discipline in the EU Member States law schools’ academic curricula. That is the „Theory of the conflict of civil and commercial laws in European Union”.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 9-31
  • Page Count: 23
  • Language: Romanian