Neki aspekti položaja privatnog prava EU u dosadašnjem razvoju komunitarnog prava
The Unification of the Rules of the International Private Law in the EU

Summary/Abstract: The unification of the rules of the International Private Law in the EU/EC (EU hereinafter), represents one of the important prerequisites for the successful realisation of the EU member states’ established goals of integration. That is why this matter was given due attention from the very beginning of the integration process. However, the achieved results in this field open many questions, which range from the dilemma whether more could have been accomplished, to whether it could have been accomplished more quickly and with bigger steps. One of the models for looking for the answer, to this and many other questions, might also be found in the locating of the EU Private Law in the total developmental process of the EU Law. It is a fact that EU’s International Private Law, shared and shares the destiny of the total development of the EU Law, but it is equally plausible that there are also certain developmental distinctions between them. The sensitivity and the complexity of the subject, interference with state sovereignity, had simply imposed „caution“ on member states in approaching this matter. The consequence of which were also the two phases of the process of regulating the matter of EU’s Private Law – until and after the Amsterdam agreement. Of course, the Amsterdam agreement, represented a turning point in its regulation by creating the conditions to transfer it to the terrain of the secondary law of the EU, but did not signify the resolution of all issues at question. It was only one of the important steps toward a more efficient regulation of this matter, while the essential problems remained, concerning, primarily, the readiness of the EU member states to confront the limitation to their sovereignity to the advantage of the EU.

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