The Rome II Regulation: A Comprehensive Approach to Harmonizing Cross-Border Disputes in the European Union
1. Introduction
The European Parliament and of the Council is called the Rome II regulation and is aimed at unifying the regulations concerning the issues where a foreign party appears. The regulation was first published in the Official Journal of the European Union on the 4th of November 2007 and it came into force on the 11th of January 2009. The regulation is based on the principles of conflict rules, legal certainty and content-oriented law selection.
2. Road traffic accidents as an issue of conflict rules
Road traffic accidents are one of the most common issues of conflict rules. In most cases, the liable driver is not known, which makes it difficult to determine who should be held responsible for the damages caused. In order to solve this problem, the Rome II regulation provides for a harmonization of the rules governing the attribution of responsibility in cross-border road traffic accidents.
3. The principle of legal certainty
The principle of legal certainty is one of the cornerstones of the European Union’s legal order. It requires that, in order to be binding, a European Union act must be sufficiently clear and precise. This principle is particularly relevant in the context of cross-border disputes, where parties are often not familiar with each other’s national laws.
4. The content-oriented law selection
The content-oriented law selection is another fundamental principle of EU law. It requires that, in order to be applicable, a European Union act must be compatible with the fundamental principles of Member States’ national laws. This principle is particularly relevant in the context of cross-border disputes, where parties are often not familiar with each other’s national laws.
5. The concrete case of the Rome II regulation: harmonization of the European Union
The concrete case of the Rome II regulation is harmonization of the European Union. The regulation provides for a harmonization of the rules governing the attribution of responsibility in cross-border road traffic accidents. In order to achieve this goal, the regulation lays down a number of specific provisions relating to jurisdiction, choice of law and recognition and enforcement of judgments.
6. Summary and conclusion
The Rome II regulation is a comprehensive attempt to unify the rules governing cross-border disputes in the European Union. The regulation is based on the principles of conflict rules, legal certainty and content-oriented law selection. These principles are particularly relevant in the context of cross-border disputes, where parties are often not familiar with each other’s national laws.
The concrete case of the Rome II regulation is harmonization of the European Union. The regulation provides for a harmonization of the rules governing the attribution of responsibility in cross-border road traffic accidents. In order to achieve this goal, the regulation lays down a number of specific provisions relating to jurisdiction, choice of law and recognition and enforcement of judgments.
The Rome II regulation is a welcome development in the field of conflict of laws. It will contribute to the development of a more uniform approach to cross-border disputes in the European Union.
Thank you for your time.