The Minimum Content of Imperativeness in European Private International Law: Imperative Norms Originated in EU Law and Public International Law

Abstract

AbstractThis chapter concerns the interaction that imperativeness in private international law has with substantive obligations arising from international and EU law. It investigates whether there are certain principles and rules grounded in EU and international law that may be, as of today, considered as the sources of EU and truly international imperative norms, which are repeatedly implemented in domestic legal systems so as to constitute a “minimum content” of imperativeness which is shared by European countries. It also analyses the case law dealing with foreign laws, deeds and decisions running against this minimum content of imperativeness and, on the other hand, facing the unlikely cases where the application of these principles and rules grounded in international and EU law may concretely result in a prejudice to the functioning of fundamental principles of the forum.Keywords“truly international” imperative normsEU imperative normsprotection of fundamental rightsminimum content of imperativenesscontrast with domestic fundamental principles