Naslov
The Process of Europeanization of the Conflicts of Laws in Monte Negro

Autori
Bouček, Vilim

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, ostalo

Skup
The Process of Europeanization of the Conflicts of Laws in Monte Negro

Mjesto i datum
Podgorica, Crna Gora, 21.11.2013

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
Conf1ict of Laws in Monte Negro; Europeanization; European Private International Law.

Sažetak
The topic discussed in this paper is the process of Europeanization of the Conf1ict of Laws provisions in Monte Negro parallel to the development of the European Private International Law (EU PIL). The text is divided in five parts. The introductory part aims to c1arify the notion of the Europeanization and its two features: ius commune and communitarization in the light of the harrnonization cornmitments undertaken by the Stabilisation and Association Agreement between the European Community and its Member States and Montenegro of 2007. Part two covers the earlier stage of "Europeanization" of the Private International Law system in Monte Negro, during the 19th and 20th century. Generally speaking, those provisions stuck to the traditional system of Private International Law in Europe and at the time of their appearance, they played, even on the European level, a progressive and a positive role. Part III lays down the central part of this paper and in its three subsections it deals with the stage of European integration of PIL lasting from 1 January 1958 to 30 April 1999, when an international agreement was the principal unifying act, then the next period, between 1 May 1999 to 30 November 2009, when the EU PIL technically became EC law and the principal unifying instrument of EU PIL was the regulation, and in the EU law stage, i. e. from 1 December 2009 to the present (2014), when the EU PIL has technically become EU law. Part IV, entit1ed Europeanization from the perspective of Montenegro, shows that the PIL provisions are no longer a domain reserved for the national state. As a result of this significant process in the EU, after Monte Negro foreseeable joins the EU, a large number of conflict of law provisions, inc1uding the newest Montenegro's PIL Act of 2013, will have only a limited application, or will even be totally superseded. As a (future) Member State, Monte Negro will lose the authority to enter into international agreements. The last, but not least, in front of Monte Negro and its lawyers stand a host of 150 to 200 thousand pages of EU legal acts which should be harmonized and well implemented in Monte Negro's legal system, which includes provisions of EU PIL as well. In conc1uding part of this paper, author put the question weather the process of Euro- integration of Monte Negro, inc1uding the Europeanization of its PIL system, has a real alternative? In finding the correct answer, this paper tries to be helpful.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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