CURRENT DEVELOPMENTS: PRIVATE INTERNATIONAL LAW - The Evolution of European Private International Law

摘要

The European founding treaties and their subsequent amending instruments have fundamentally changed the European conflict of laws landscape over the past fifty years, with the last ten years in particular witnessing a surge in legislative activity. The Treaty of Amsterdam not only introduced notable institutional and material modifications to both the Community and the European Union, it radically reformed the position and status of private international law, bringing it within the ambit of first pillar competence. In contrast, the adopted though as yet unratified Lisbon Treaty, will treat conflict of laws matters with a comparatively light touch. This article traces the historical development of European conflict of laws, analysing the issues of material internal and external competence, as well as of geographical scope.