1. Private International Law
Academic Year 2018/2019
Pietro Franzina –

2. 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

3. 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