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NUMERO 17 - 12/09/2018

 The Role of General Principles in EU Private International Law

The role of unwritten general principles within the European system of private international law presently under construction appears as a highly complex theme. This is mainly because European private international law does not limit itself to the pursuit of the traditional aims of this branch of law but also tends to promote the development of political, economic and social integration among the Member States of the European Union. Accordingly, within its framework non only the traditional principles of private international law, but also those pertaining to EU law, and in particular the principles regarding the structure and the functioning of the internal market and those related to the establishment of the area of freedom, security and justice are of relevance. Alongside the said two sets of principles, a role is obviously played also by those general principles of law that are fundamentally common to most legal systems and inherent in any branch of law and, as such, are equally relevant within the domain of EU private international law. This coexistence of traditional objectives and principles of private international law with those peculiar to the European integration confers on EU private international law a specific identity, which is apt to distinguish it from individual States’ private international law systems as well as from the regimes established in the field by means of international conventions, both of which do not pursue any further aim than a general goal of coordination between the domestic legal systems… (segue)

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