Harmonisation of the rules of conflict of private international law in Europe

Recommendation 673 (1972)

Author(s):

Parliamentary Assembly

Origin

See Doc. 3100, report of the Legal Affairs Committee. Text adopted by the Standing Committee acting on behalf of the Assembly on 29 June 1972.

The Assembly,

1. Considering that the rules of conflict of private international law in force in Council of Europe member States vary considerably and are often inadequate ;

2. Considering that it is therefore often difficult, if not impossible, to determine which law is applicable and which is the competent court in international relations of private law, and wishing to remedy the present state of uncertainty ;

3. Having regard to the work already undertaken in this field by such international organisations as the Hague Conference on Private International Law, the International Institute for the Unification of Private Law (Unidroit) and the European Economic Community ;

4. Considering, however, that there are certain functions in the field of private international law which none of these organisations can fulfil ;

5. Convinced that the European Committee on Legal Co-operation (CCJ) could make an important contribution to the development of private international law by harmonising the rules of conflict in Council of Europe member States,

6. Recommends that the Committee of Ministers instruct the CCJ to elaborate proposals for a legislative policy concerning the rules of conflict in private international law in Council of Europe member States, and to follow and co-ordinate further developments in this field.