engleski

Public policy in national and european private international law and procedure

Public policy defines the limits of the tolerance towards foreign substantive and procedural law and is therefore employed in order to protect funadamental legal priniciples of forum. The aim of this paper is to examine the private international law concept of public policy, both in comparative (Hungarian and Croatian) and EU acquis perspective. From a comparative perspective, authors adress provisions of national PIL codes and codes on arbitration to detract the normative definitions of public policy. Further on authors sumarize doctrinal interpretations on it’s limits as regards proximity, relativity and seriousness of breach. EU acquis retians mechanism of public policy in its regulations, which are here being listed and classified. Practial usage of public policy is often being criticised for it’s discretionary character and uncertainty. Emphasis is in the end placed on the dilemma, how to make the application of public policy in private international and procedural law more certain, principled and justifiable.

public policy, comparative law, EU acquis, human rights protection, court practice

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