Abstract

As from the Treaty of Amsterdam and the so-called communitarization of private international law (PIL), the European legislator has been very prolific in the area of civil judicial cooperation and considerably reduced the scope of national legislations, in some cases replacing it altogether, toward a gradual unification of PIL at the European level. However, the still predominant Euro-centric character of European PIL is difficult to reconcile with the requirements and objectives of the European Union (EU) civil judicial cooperation and limits excessively the scope of European PIL. Against this background, this chapter investigates the state of EU external action in the area of PIL and the possible approaches to extend the scope of European PIL towards a complete system applicable erga omnes. The relationship between European PIL and the outer world will be tackled by considering pros and cons of two different approaches: multilateralism and unilateralism. The conclusion in favour of unilateralism is eventually put to the test in the Brexit scenario and the future of UK/EU27 civil judicial cooperation.

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