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The relationship between the instruments adopted under the auspices of the Hague Conference on Private International Law and the EU acquis

100%
Moravcová D.
The Lawyer Quarterly
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2024
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vol. 14
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issue 3
354-374
EN
The presented article examines the Hague Conference on Private International Law and the instruments adopted under its auspices, with a particular emphasis on their application within the European Union context. Within the scope of the European Union's competence in judicial cooperation in civil and commercial matters, several regulations have been adopted at the Union level, forming a comprehensive framework of Union private international law and procedural law. The Union itself and its Member States are members of the Hague Conference. In situations where both an EU regulation and a Hague convention apply concurrently, it is essential to thoroughly understand the effects of these provisions, their interrelationship, and the resolution of the resulting normative pluralism. The aim of this article is to examine the effects of the Hague conventions within EU law and to analyse how the interrelationships between these legal sources are managed for the practical application of rules in the resolution of disputes involving a foreign element.
2
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Účinky preambúl medzinárodných zmlúv v úniovom práve

100%
Moravcová D.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
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2024
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vol. 163
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issue 8
865-876
EN
Modern preambles to international treaties are often composed of recitals that transcend their historically significant ceremonial purpose. Preambles to international treaties are often met with a presumption of non-binding legal effect. The European Union is a key actor of the international community. The Union per se concludes international treaties which become part of the EU acquis. The aim of the present article is to identify the effects of preambles of international treaties within the EU law, which is preceded by their identification in public international law in general. We draw on the Vienna Convention on the Law of Treaties, which mentions the preamble in the context of the interpretation of international treaties, as the initial formal source for the regulation of the area under analysis. Drawing a general conclusion on the effects of preambles of international treaties from a public international law perspective is the starting point for the analysis of the effects in the Union law. The article focuses not only on the assessment of the theoretical level, but also on the possible divergence from the drawn conclusions when materialized in practice.
3
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Case HUK-COBURG-Allgemeine Versicherung

100%
Moravcová D.
The Lawyer Quarterly
|
2025
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vol. 15
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issue 3
306-319
EN
The presented article addresses the issue of overriding mandatory provisions, with a focus on a comparative analysis of the doctrinal discourse in private international law and the rulings of the Court of Justice of the European Union in the case of HUK-COBURG-Allgemeine Versicherung II. The issue of overriding mandatory provisions within the context of conflict-of-laws solutions in the Rome I and Rome II Regulations is highly complex. These regulations provide for certain forms of moderation in the application of foreign law through the active enforcement of overriding mandatory provisions, which may not necessarily be confined to the lex fori. It is within the discretion of individual states to determine which provisions within their legal system are considered absolutely cogent and non-derogable. In its judgment in the case of HUK-COBURG-Allgemeine Versicherung II, the Court of Justice examined the interpretation of provisions concerning overriding mandatory norms under the Rome II Regulation, which governs the general framework for determining the applicable law for non-contractual obligations within the Union acquis. While the Court’s conclusions on the central issue may not have been surprising to some, the aim of this article is to explore whether the Court’s approach to the application of overriding mandatory provisions deviated from or even exceeded the traditional doctrinal understanding in private international law.
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