The EAPIL blog is reporting about the Association’s founding conference in Aarhus by dedicated posts published at the end of each conference day. Day one and two were covered by the posts that can be found here and here, respectively. Please follow us on Twitter (@eapilorg) and LinkedIn for updates as the conference unfolds. Check out our new Instagram account, too!
The founding conference of the European Association of Private International Law came to an end on 4 June 2022.
The first session saw the presentations of Gian Paolo Romano (University of Geneva, on-line) and Ralf Michaels (MPI Hamburg).
Gian Paolo Romano dealt with child abduction and custody cases. In light of the shortcomings on the current state of affairs, he made the case for the institution of supranational bodies charged with deciding cross-border disputes in this area, as a means to address, inter alia, concerns for lack of neutrality of national courts.
Ralf Michaels spoke about the relevance of religious law to European private international law in family matters. He discussed the challenges posed by religious rules, including those relating to their status as non-State rules, the challenges that surround the characterisation of religious legal institutions for the purposes of private international law, and the legal implications of referring to religious law for the respect for equality, specifically gender equality.
The final session of the conference consisted of two presentations.
Marta Pertegás Sender (University of Maastricht) talked about international property law. She began by recalling the impact of the rise of digitalised and globalised transactions to the principle of territoriality. She then addressed, in light of the case law of the Court of Justice, a selection of issues of property law that arise in connection with existing EU legislation, notably in matters of succession and the property regimes of couple. She finally discussed possible next steps in the harmonisation of the (substantive and) private international law in the field of international property.
Haris Pamboukis (University of Athens, on-line) discussed a number of issues regarding the interpretation of the EU Succession Regulation, in particular as regards characterisation and coordination with other legislative measures and as regards the notion of habitual residence, having regard to the case law of the Court of Justice.
As in previous sessions, the presentations prompted several questions and remarks from the audience.
Ralf Michaels and Cristina González Beilfuss (chair)
Angelika Fuchs during the debate on family law matters
Mateusz Pilich during the debate on family law matters
Ilaria Pretelli during the debate on family law matters
Jan von Hein during the debate on family law matters
Marta Pertegas Sender and Eva Maria Kieninger (chair)
Iryna Dikovska during the debate on property and succession law