A Private (International) Law Intermezzo in the Law of Criminal Procedure

Abstract

(1.1) The discussion regarding the place and influence of rules of public law in private international law has, at least in respect to dogma, yielded lasting results. Concepts such as priority rules or regles d'application immediate have become common property in the law of conflicts. The doctrine of priority rules has been recognized to a certain extent by Article 7 of the EC Convention on Contractual Obligations. The question of to what extent such a rule is applied in practice is determined chiefly by how it is appraised by the courts and their willingness, within the classical private international law framework, to apply foreign rules of public law, the applicability of which arises out of their own nature. This determination is made within the framework of private law procedure and the status of public law is, in that case, also to be examined within a private law framework.