Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters

Gillies, Lorna

Abstract

"The growing visibility of the social-policy provisions [in the Treaty] requires the definition of the notion of rights and principles and their implications for private parties."
The last 15 years have witnessed the development of a particular set of EU norms for determining jurisdiction and applicable law for cross-border contracts in disputes brought before the courts of a Member State. These norms have and continue to be devised in response to the increasing cross-border nature of commercial activities and the need for parties, especially weaker parties, to be able to ‘access [social] justice’, and for the EU to demonstrate and reflect ‘global ethical values through new human rights’. In particular, the post Lisbon-era has witnessed the further advancement of a third wave of EU private international laws. These particular EU rules are illustrative of a set of ‘methodological, institutional and procedural’ norms, intended to meet the objective6 of securing mutual trust and recognition in civil and commercial matters. The purpose of this chapter is to review recent legislative and interpretative developments in EU private international law and to consider future questions on the role of the third wave of EU private international laws as an emerging set of techniques for enabling access to social justice.

Citation

Gillies, L. (2016). Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters. In C. Twigg-Flesner (Ed.), Research Handbook on EU Consumer and Contract Law (159-181). Edward Elgar Publishing. https://doi.org/10.4337/9781782547372

• Acceptance Date: Jan 28, 2016
• Publication Date: Sep 30, 2016
• Deposit Date: Feb 1, 2021
• Publisher: Edward Elgar Publishing
• Pages: 159-181
• Series Title: Research Handbooks in EU Law
• Edition: 1st
• Book Title: Research Handbook on EU Consumer and Contract Law
• Chapter Number: 7
• ISBN: 9781782547365
• DOI: https://doi.org/10.4337/9781782547372
• Public URL: http://researchrepository.napier.ac.uk/Output/2718539
• Publisher URL: https://www.elgaronline.com/view/edcoll/9781782547365/9781782547365.00014.xml