Nová role mezinárodního práva soukromého a procesního v evropské integraci? (kritická skica)
The Role of Private International Law (conflict of Laws)

Summary/Abstract: The study answers basic questions regarding the current state of Private International and Procedural Law. Foremost, it confirms the hypothesis that the significance of PIL will decline in the European Union as a result of the integration process. This is caused by the fact that the functioning of the internal market means the enforcement of rights which presumes the free movement of enforcement titles within a unified legal and judicial system. The harmonization of conflict of law and procedural norms translates into a decrease of its plurality, a lower incidence of problems and thus also a limitation in the application of PIL and conflict of law norms. Conflict of law norms change their essence, whereas simultaneously their application is limited by the institution of recognition whose significance is on the rise. In this sense, the significance of International Procedural Law compared to International Private Law is rising as well. Within the smooth functioning of a further advanced internal market it becomes necessary widen the competencies of the EU in the sense of further unification and the creation of a E uropean International Private Procedural Law Codex Private and Procedural International Law do not have to be actively reformed as the change of its essence occurred spontaneously as a further result of harmonization of these branches in the EU . Special schoolings for a limited number of judges specialized in this area on the European level would certainly lead to more effective enforcement of law and thus better functioning of the courts.

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