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Private International Law and Global Governance$
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Horatia Muir Watt and Diego P. Fernández Arroyo

Print publication date: 2014

Print ISBN-13: 9780198727620

Published to Oxford Scholarship Online: March 2015

DOI: 10.1093/acprof:oso/9780198727620.001.0001

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Importing Proportionality to the Conflict of Laws

Importing Proportionality to the Conflict of Laws

Chapter:
14 Importing Proportionality to the Conflict of Laws
Source:
Private International Law and Global Governance
Author(s):

Jeremy Heymann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727620.003.0015

Prima facie, proportionality and conflict of laws seem to have so little in common that the study of the relationship that the latter has with the former could reveal itself to be quite poor. However, the very fact that within EU law the use of Union competences is governed by the principle of proportionality discloses, in the field of private international law, a shift towards a ‘constitutionalization’ of the field. The import of proportionality to the conflict of laws appears indeed to serve, through a balancing of interests, a particular end that is the attainment of a judicial review of Member States’ actions in this realm. This chapter reveals that the traditional public/private law divide is now eroded and that time has come to consider conflicts law in Europe from a constitutional viewpoint.

Keywords:   conflict of laws, proportionality, EU law, constitutionalization, federalism, judicial review, balance of interests

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