Juridical Tribune (Dec 2018)
The private international law communitarization
Abstract
The Community impact on private international law (PIL) began to be felt in the late 1990s. A phenomenon that would become a visible reality through an exponential increase in legal texts of community origin on issues related to PIL. Such was anchored in the concern to ensure the proper functioning of the internal market and the need to regulate private relationships that went beyond the limits of each state, enhanced by the freedom of movement (people, goods, services and capital), one of the cornerstones of European Union. This study aims to reflect on the creation of the International Law European Private and its impact on state PIL. A literature review will be conducted in order to understand the evolution of this reality after the Treaties of Amsterdam and Lisbon. We will use a deductive and speculative reasoning anchored the views expressed by the doctrine, law and jurisprudence. We will try to demonstrate the disuse of the classic PIL (of state origin) in relation to the community PIL.
