Cross-Border Litigation in Central-Europe: EU Private International Law before National Courts

July 6, 2021

Venue

University of Szeged, Faculty of Law & ELKH Center for Social Sciences, Institute for Legal Studies (ONLINE)

Convenors

Gábor Hajdu, assistant research fellow, University of Szeged & junior research fellow, ELKH Center for Social Sciences, Institute for Legal Studies

Csongor István Nagy, professor of law, University of Szeged & research chair, ELKH Center for Social Sciences, Institute for Legal Studies

 

The conference is supported by the European Commission Directorate General Justice and Consumers (800789 — CEPIL — JUST-AG-2017/JUST-JCOO-AG-2017).

 

 

Thanks to the European integration’s stimulation of intra-EU trade and mobility, the number of economic transactions and the migration of people have increased remarkably, calling for a clear and effective legal framework. In response to this need, the EU has made extensive use of its competences created by the Treaty of Amsterdam and has enacted various European private international law (“EU PIL”) instruments, taking over most of the field of national private international laws. EU PIL instruments are applied increasingly and gained a determinative significance in civil matters. Nevertheless, national litigants, judges and authorities are still facing challenges in cross-border matters. EU PIL rules need to be applied in a uniform manner. Furthermore, parties and legal counsels engaged in cross-border litigation assume higher risks and incur higher costs.

Nonetheless, the value of private international law unification can be preserved only if the EU PIL instruments are applied correctly and uniformly, hence, the European endeavours in the field should not and cannot stop at statutory unification but need to embrace the judicial practice and make sure that besides the vertical communication between the Court of Justice of the European Union (“CJEU”) and national courts, there is also a horizontal communication between national courts, authorities and the legal community in general. This is crucial for businesses, consumers and families engaged in cross-border mobility, who may be dissuaded from exercising their free movement rights, if encountering unpredictability, uncertainty and unreasonably high costs. Member State courts have a very significant role in the creation of a “Europe of law and justice” and the success of EU PIL in fulfilling its function, to a large extent, centres around Member State courts’ correct and adequate application of the EU PIL rules.

The CEPIL project inquires whether EU PIL functions optimally in the CE Member States in order to secure “a Europe of law and justice”. It examines whether EU PIL instruments are applied in CE Member States in a correct and uniform manner, whether Member State courts deal appropriately with disputes having a cross-border element and whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants.

The projects research output will be published by Kluwer International.

Participation is free, however, please register at https://docs.google.com/forms/d/e/1FAIpQLSc7K7GBvIdqGGa0o4MWbnZzPMHis7uJrSAZh6AOpEhhQj1bPA/viewform. The link to the meeting will be sent via email shortly before the conference.

 

Conference program

9:00 – 9:20: Opening remarks

Gábor Hajdu, assistant research fellow, University of Szeged / ELKH Center for Social Sciences

Csongor István Nagy, professor of law, University of Szeged / research chair, ELKH Center for Social Sciences

Application of EU private international law in Central Europe

 

9:20 – 10:40: SESSION 1

Jurisdiction, recognition and enforcement in civil and commercial matters

CHAIR: Mihail Danov, associate professor, University of Exeter

Baltic states

Gábor Palásti, senior research fellow, University of Szeged

TBA

Czech Republic

Jiří Valdhans, associate professor, Masaryk University

Lucie Zavadilová, assistant professor, Masaryk University

Croatia

Dora Zgrabljić Rotar, assistant professor, University of Zagreb

Hungary

Gábor Hajdu, assistant research fellow, University of Szeged / ELKH Center for Social Sciences

Poland

Monika Jagielska, professor of law, University of Silesia in Katowice

Romania

Emőd Veress, professor of law and director of department, Sapientia Hungarian University of Transylvania

Slovakia

Elena Judova, associate professor, Matej Bel University

Lucia Gandžalová, assistant professor, Matej Bel University

 

10:40 – 12:00: SESSION 2

Law applicable to contractual and non-contractual obligations

CHAIR: Prof. Rafael Arenas Garcia, Universitat Autònoma de Barcelona

Baltic states

Gábor Palásti, senior research fellow, University of Szeged

TBA

Czech Republic

Jiří Valdhans, associate professor, Masaryk University

Lucie Zavadilová, assistant professor, Masaryk University

Croatia

Dora Zgrabljić Rotar, assistant professor, University of Zagreb

Hungary

Gábor Hajdu, assistant research fellow, University of Szeged / ELKH Center for Social Sciences

Poland

Monika Jagielska, professor of law, University of Silesia in Katowice

Romania

János Székely, senior lecturer, Sapientia Hungarian University of Transylvania

Slovakia

Elena Judova, associate professor, Matej Bel University

Lucia Gandžalová, assistant professor, Matej Bel University

 

LUNCH BREAK

 

13:00 – 14:20: SESSION 3

Conflict of laws in family and succession matters

CHAIR: Prof. Pietro Franzina, Catholic University of the Sacred Heart, Milan

Baltic states

Gábor Palásti, senior research fellow, University of Szeged

TBA

Czech Republic

Jiří Valdhans, associate professor, Masaryk University

Lucie Zavadilová, assistant professor, Masaryk University

Croatia

Tena Hoško, assistant professor, University of Zagreb

Hungary

Csongor István Nagy, professor of law, University of Szeged / research chair, ELKH Center for Social Sciences

Poland

Monika Jagielska, professor of law, University of Silesia in Katowice

Romania

János Székely, senior lecturer, Sapientia Hungarian University of Transylvania

Slovakia

Elena Judova, associate professor, Matej Bel University

Lucia Gandžalová, assistant professor, Matej Bel University

 

14:20 – 15:40: SESSION 4

Conflict of laws in insolvency matters

CHAIR: Prof. Laura Carballo Piñeiro, Santiago de Compostela & World Maritime University

Baltic states

Gábor Palásti, senior research fellow, University of Szeged

TBA

Czech Republic

Jiří Valdhans, associate professor, Masaryk University

Lucie Zavadilová, assistant professor, Masaryk University

Croatia

Tena Hoško, assistant professor, University of Zagreb

Hungary

Csongor István Nagy, professor of law, University of Szeged / research chair, ELKH Center for Social Sciences

Poland

Monika Jagielska, professor of law, University of Silesia in Katowice

Romania

Emőd Veress, professor of law and director of department, Sapientia Hungarian University of Transylvania

Slovakia

Elena Judova, associate professor, Matej Bel University

Lucia Gandžalová, assistant professor, Matej Bel University

 

15:40 – 16:00: Closing remarks