El Tribunal de Justicia de la Unión Europea y el Derecho Internacional Privado (The Court of Justice of the European Union and Private International Law), is a compilation of essays conceived to pay a tribute to the lawyers who dreamed of a European society where people could freely move and circulate among Member States.
Since the Brussels Convention of 27 September 1968, the Court of Justice of the European Union has interpreted, applied and complemented the rules of European private international law with a ‘fist of iron’ and ‘kid gloves’. It has been a legislating court when needed. It has carried out a European reading of European rules against the pro lex fori vagaries of certain Member States. It has shown the way to follow so that the European Union is more than a political sum of States. The Court of Justice of the European Union has believed in Europe. It has believed in free movement and in the freedom of people. The outcome of its work in this regard is inconmensurable.
The book brings together 22 studies devoted to the work of the Court of Justice in the field of European private international law. The Court’s case law is thoroughly examined in individual chapters addressing the EU Regulations on judicial cooperation in civil matters: the Brussels I-bis Regulation (international contracts, non-contractual obligations, express and tacit submission of the parties, exclusive jurisdiction, consumer and employment contracts, and free movement of judgments), the Brussels Ia Regulation (divorce disputes, disputes concerning children), the Rome III Regulation, the Maintenance, European Insolvency and European Succession Regulations, the Service and Evidence Regulations, the Regulation on the European Enforcement Order and the Regulation on the European Account Preservation Order, and the Regulations on European Order for Payment and Small Claims. In addition, it explores as well the principle of mutual recognition, PIL aspects of company law, the free movement of lawyers in the European Union and issues of family reunification.
The book can thus be described as a compilation of research, reflections and comments on the main contributions of the Court of Justice of the European Union in its interpretative, enforcement and regulatory work on European private international law. The Court’s input in the most representative sectors of European private international law is analysed in depth with a view to explaining its contribution to the building of the European system of private international law. In this sense, it is a very useful book for both theoretical and practical purposes – for, as it is well known, law reigns, but case law governs. Those who know jurisprudence master the law; and by mastering the law they dominate the world of private international law. In this way, the dream of creating a free Europe for free people can become a reality.
El Tribunal de Justicia de la Unión Europea y el Derecho Internacional Privado, edited by A.-L. Calvo Caravaca and J. Carrascosa González, Aranzadi, Pamplona, 2021, ISBN: 978-84-1345-495-5, 630 pp.; see here the table of contents.