The analysis undertaken starts from the premise that legal certainty has a crucial value for the EU choice of law system because it is essential to promote the proper functioning of the internal market. This centrality is expressed through the reliance on an ex ante rule-based approach that mirrors the tenet of the classical paradigm insofar as it strives for the designation of the law most closely connected to the matter at stake through the establishment of connecting factors based on the principle of proximity. The contrtibution, however, shows that EU conflict of laws, as a regulatory instrument promoting specific policies, is experiencing a shift away from the traditional dogmatic approach and a progressive materialization of choice of law rules.
Certainty versus flexibility in the EU choice of law system
Francesca Ragno
2019-01-01
Abstract
The analysis undertaken starts from the premise that legal certainty has a crucial value for the EU choice of law system because it is essential to promote the proper functioning of the internal market. This centrality is expressed through the reliance on an ex ante rule-based approach that mirrors the tenet of the classical paradigm insofar as it strives for the designation of the law most closely connected to the matter at stake through the establishment of connecting factors based on the principle of proximity. The contrtibution, however, shows that EU conflict of laws, as a regulatory instrument promoting specific policies, is experiencing a shift away from the traditional dogmatic approach and a progressive materialization of choice of law rules.
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