European Private International Law? Landmarks on its Position in the Law of the European Union and the Correlation with International Commercial Law

Abstract

This article aims to examine, from both doctrinal and practical perspectives, the place and role of Private International Law (PIL) within the European Union, as well as its correlation with International Commercial Law (ICL). Starting from the definition of PIL as a branch of domestic law, centered on conflict of laws rules and the regulation of cross-border legal relations, the paper analyzes the terminological paradoxes, the interaction with the uniform substantive rules of ICL, and the mechanisms through which PIL facilitates the integration and application of international commercial conventions and usages. The core of the article is devoted to European regulations – Brussels I bis, Rome I, and Rome II – which have triggered a process of Europeanization of PIL, raising the question of whether we can already speak of an autonomous European Private International Law.