Court systems and private international law
On June 13 and 14, Jos Hoevenaars joined a group of scholars working on the preliminary reference procedure of the EU legal system for an exchange of ideas and perspectives on the ‘dance’ between national courts and the Court of Justice of the EU. The seminar ‘It Takes Two to Tango’ and organised by the Radboud University of Nijmegen took place in Ede (the Netherlands) and brought together an interdisciplinary group of scholars with various empirical point(s) of view in terms of how national courts (do not) send references to the ECJ. Jos was invited to present his work on the ECJ and empirical insights into the preliminary reference procedure from the perspective of legal practitioners that have participated in these proceedings.
Published: March 9, 2018
On 2 March Xandra Kramer gave a talk at a conference in Berlin on 'How European is European Private International Law?'. She focused on the how the judicial infrastructure can contribute to the application of European private international law rules, using among others aggregated statistics on the number of preliminary questions of national courts in the Member States and an inventory among experts and stakeholders in a number of Member States. One of the issues addressed was the rise of international commercial courts, in the Netherlands, Belgium, France, and Germany in particular, as is studied in depth by Georgia Antonopoulou in our ERC project. These courts are, however, not established with a view to facilitating the proper application of EU private international law rules.
Whereas specialized courts, special chambers within courts, specialised judges, court experts, judicial training, formal (e.g. EJN) and informal networks are useful to improve the application of these rules, it should be realized that in many courts these rules are only relevant in relatively a small number of cases, and measures should be cost-effective not to burden the available court budget. In addition, reflection is necessary as to the role of European private international law in view of current developments and the political and social climate in the EU.