Monday, 7 November 2016

Harmonisation of Private International Law - Is It Possible At All?

The European Union (EU) entered a new stage in the process of reducing the deficit of democratic legitimation of its politics. April 1st marks the start of the European Citizens’ Initiative (ECI). The ECI is new instrument for EU citizens to participate directly in influencing the development and setting of European law (e.g. regulations and directives).

Private International Law
To look back: The Lisbon Treaty of December 2009 brought about major changes in the architecture of the EU e.g. concerning competences of and decision-making by the European Council, the Council of Ministers, the European Commission and the European Parliament. A further innovation the Lisbon treaty brought about is the ECI. Its legal basis is Article 11: “Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties”.

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