Tag Archives: Lex Fori

Public Policy of European Private International Law: Rome Ii Regulation Perspective (Published)

Europeanization of private international law of the European Union member states is a Condition Sine Qua Non for the well functioning of the European common market. In this frame, creation of a unified group of rules for determination of the applicable law in potential cases that may arise is a necessity. Among this rules, one of the most debated topic is exclusion that relates with public order or public policies. The application of the foreign law sometimes constitutes a “dance with the unknown”, and this “dance” reflects some threats that become visible when the application of the foreign law is in conflict with some fundamental concepts of the lex fori. Even though, the exclusion of the foreign law should be an exceptional case that should happen once in a blue moon. Public order does not reflect a connection criteria, but it acts before a conflictual reasoning emerges, to block in extremis the application of the foreign law. In this frame, analyzing the Rome II Regulation regarding the public policy of the European Union (forum) represents a major problem in respect of its historical implementation background.

Keywords: Lex Causae, Lex Fori, Public Policy, Rome II Regulation