Private international law in a context of increasing international mobility: challenges and potential

12-06-2017

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. While Private International Law governs private relations between persons coming from or living in different States, migration law regulates the flow of people between States. The demarcation between these two areas of law seems clear, but in practice it is not. Rights related to migration are often linked to private relations (marriage, parentage) or personal status (age). The EU should have a coherent approach in these areas, both internally and in relations with third States. Authorities active in the different areas must coordinate their work.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, will be presented during a Workshop dedicated to potential and challenges of private international law in the current migratory context. While Private International Law governs private relations between persons coming from or living in different States, migration law regulates the flow of people between States. The demarcation between these two areas of law seems clear, but in practice it is not. Rights related to migration are often linked to private relations (marriage, parentage) or personal status (age). The EU should have a coherent approach in these areas, both internally and in relations with third States. Authorities active in the different areas must coordinate their work.

External author

Sabine Corneloup (coordinator), Professor at the University Paris II Panthéon-Assas, France, member of TEE Bettina Heiderhoff, Professor at the University of Münster, member of TEE Costanza Honorati, Professor at the University of Milano-Bicocca, member of TEE Fabienne Jault-Seseke (coordinator), Professor at the University of Versailles Saint-Quentin, France, member of TEE, member of GEDIP Thalia Kruger, Professor at the University of Antwerp, Belgium, member of TEE Caroline Rupp, Junior Professor at the Julius-Maximilians-University Würzburg, Germany, member of TEE Hans van Loon, Former Secretary General of the Hague Conference on Private International Law, member of GEDIP Jinske Verhellen (coordinator), Professor at the Ghent University, Belgium, member of TEE