AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

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The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 58 No 2 (2012), 101–117

Nová role mezinárodního práva soukromého a procesního v evropské integraci? (kritická skica)

[The Role of Private International Law (conflict of Laws)]

Luboš Tichý

published online: 01. 02. 2015

abstract

The Role of Private International Law (conflict of Laws) The study answers basic questions regarding the current state of Private International and Procedural Law. Foremost, it confirms the hypothesis that the significance of PIL will decline in the European Union as a result of the integration process. This is caused by the fact that the functioning of the internal market means the enforcement of rights which presumes the free movement of enforcement titles within a unified legal and judicial system. The harmonization of conflict of law and procedural norms translates into a decrease of its plurality, a lower incidence of problems and thus also a limitation in the application of PIL and conflict of law norms. Conflict of law norms change their essence, whereas simultaneously their application is limited by the institution of recognition whose significance is on the rise. In this sense, the significance of International Procedural Law compared to International Private Law is rising as well. Within the smooth functioning of a further advanced internal market it becomes necessary widen the competencies of the EU in the sense of further unification and the creation of a E uropean International Private Procedural Law Codex Private and Procedural International Law do not have to be actively reformed as the change of its essence occurred spontaneously as a further result of harmonization of these branches in the EU . Special schoolings for a limited number of judges specialized in this area on the European level would certainly lead to more effective enforcement of law and thus better functioning of the courts.

keywords: private international law; procedural international law; recognition of rights; recognition of decisions; change of paradigms; increase in effectiveness of the internal market; decrease in the level of conflicts of law; decreased significance of private; international law and procedural international law mezinárodní právo soukromé; mezinárodní právo procesní; uznání práv; uznání rozhodnutí; změna paradigmat; zvýšení účinnosti vnitřního trhu; pokles úrovně kolizního práva; omezení významu mezinárodního práva soukromého a procesního

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Nová role mezinárodního práva soukromého a procesního v evropské integraci? (kritická skica) is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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