The participation of the European Union in the Conventions of the Hague Conference on Private International Law and its relationship with the regulations

Abstract

This paper analyses the competence of the European Union to regulate questions of private international law and how this has affected the negotiation of agreements with third States, where the European Union also plays a leading role. In relation to this, the participation of the European Union in the conventions of the Hague Conference on Private International Law and the relations established with the Regulations of the European Union are analysed. The paper starts by analysing the most important Regulations adopted by the European Union regarding international jurisdiction and the recognition and enforcement of judicial decisions - Regulation 1215/2012 in civil and commercial matters and Regulation 2019/1111 on matrimonial crises and parental responsibility issues- to then identify the Conventions of the Hague Conference on Private International Law on overlapping matters and analyse the relations between them. As can be seen, the relations are easy to articulate in the area of recognition and enforcement of judicial decisions, given the inter partes nature of these rules, but greater difficulties arise in relation to international jurisdiction rules, which raises criticism in the European Union.