oa Comparative and International Law Journal of Southern Africa - The development of a system of European conflict of laws - trying to preserve the substative standard of harmonised private law



European conflict of laws appears as a system of multilevel governance. Private International Law (PIL) provisions can be found in international conventions, European Commission (EC) law as well as national law. Problem solving is particularly difficult as long as the European Court of Justice (ECJ) does not have the competence to bindingly interpret all three legal layers. Special difficulties in this respect arise as to the implicit PIL content of directive provisions. In this context it is therefore once more important to state that appropriate solutions presuppose both discipline of the member states when implementing EC measures as well as a functioning dialogue - where possible - between the national courts and the EC.


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