Private International Law Academic Year 2018/2019 Pietro Franzina – pietro.franzina@unife.it

What is Private International Law (PIL) about? PIL is about the issues raised by legal relationships in the realm of private law whenever a foreign element is present PIL deals with four basic problems jurisdiction the applicable law recognition and enforcement of judgments international judicial cooperation The general purpose of PIL: managing legal diversity so as to ensure security and continuity in cross-border situations Some general features of PIL rules The “relative” character of PIL rules: each national legal system has its own PIL rules The “non-neutral” character of PIL rules: PIL rules underlie substantive policies

The sources of PIL and their coordination Domestic sources State legislation (codified, as the case may be) and/or case law International conventions bilateral / multilateral elaborated within international organisations such as the Hague Conference on Private International Law Regional instruments the EU’s competence concerning judicial cooperation in civil matters EU legislation and EU external action in the area of PIL: an overview The coordination of sources Int’l conventions and regional instruments take precedence over domestic rules Int’l conventions concluded by the EU take precedence over EU legislation EU instruments do not prejudice “old” int’l conventions concluded by EU MSs