Paper's abstract

Toni Marzal, Legal Cosmology of the European Court of Justice illuminated by international private Law
Academic literature of international private law tends to organize the relation between the law of the European Union and national regulations of private international law via principles of normative hierarchy and jurisdiction rules. Therefore the main questions concern the content and limits of the necessary adjustment of national law to the building of Europe. International private law is thus put to the test of European law. Conversely, with an alternate conception of the relation between the two as a conflict between different interpretations of the law, we intend to submit the law of the European Union, in particular enforcement of freedom of movement by the Court of Justice of the European Union, to the analytical tools of international private law. In particular, the notions of governing law, public order acts and exceptions might allow us to better understand the originality and peculiarity of the "legal cosmology" animating this case-law.

Key Words : international private law, EU, court
t. 58, 2015 : p. 267-279

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