Review article
ROME II REGULATION – COMMUNITARISATION OF EUROPEAN INTERNATIONAL DELICT LAW – HISTORICAL OUTLINE AND GENERAL LEGAL FRAMEWORK
Vilim Bouček
Abstract
In this paper the author analyses the history of the inception and general legal framework for the application of the provisions of the delict statute according to Regulation (EU) no. 864/2007 of the European Parliament and Council on applicable law for extra-contractual obligations since July 11 2007 ( Regulation Rome II). With the aforementioned legal act of the EU, the collision norms of international delict law are unifi ed in the area of the EU. Due to the complexity of economic relations in the internal market in which very often ’ third parties’ also participate, and because all disputes in the area of the EU have potential internal EU characteristics, the provisions of the Rome II Regulation are applied universally. That means that at the beginning of the application, that is, the coming into force of the provisions of the Rome II Regulation, autonomous provisions of the delict statute cease in the member states of the EU with the exception of Demark. Founded on the principle of predictability and certainty in the regulation of applicable law for extracontractual responsibility for damages, Rome II Regulation serves to strengthen legal security as a basis for creating the principle of mutual recognition of foreign court decisions in civil and commercial cases. Already with the very preference for building in collision legal mechanisms which need to ensure predictability in the regulation of applicable law for extra-contractual responsibility in the area of the EU, Rome II Regulation is concluded by the author to show that in the Europeanisation of European international delict law, the greater emphasis is in its communitarisation as the fi rst rather than on ius commune which is the second component of Europeanisation.
Keywords
Regulation Rome II; communitarization; legal genesis and general legal framework of Rome II
Hrčak ID:
31299
URI
Publication date:
15.9.2008.
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