Activism of the European court of justice in determining the relations between the EU and third countries in the field of private international law

Activism of the European court of justice in determining the relations between the EU and third countries in the field of private international law

Alihodžić, Jasmina

The author of the paper analyzes the opinions and decisions of the European Court of Justice that established the external competence of the EU to regulate issues in the field of private international law with third countries. Activism of the European Court of Justice, which is reflected in the unique and consistent application of EU legal sources as well as strengthening of EU competence for regulation of this area, has a direct impact on the formation of a coherent legal system and the smooth functioning of the EU internal market. However, such a role of the European Court of Justice can negatively reflect on the relations of the Member States and third countries. The above is a consequence of the fact that the EU will not always have the interest to conclude an agreement in the field of private international law with third countries, i.e. Bosnia and Herzegovina, while in the same time there is a need for the same in the case of some Member States. In this sense, this article discusses the approach according to which the effects of the European Court of Justice Activism in this regard could be mitigated.

Article
PeerReviewed

ISSN 2303-5706 DO 10.14706/DO15221

International Burch University

2015-12-28

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