Introduction: Research Aims and Methodology

Citation

Beaumont P & Danov M (2017) Introduction: Research Aims and Methodology. In: Cross-Border Litigation in Europe. 1st ed. Studies in Private International Law. Oxford: Hart Publishing, pp. 1-15.

Abstract
(First paragraph) It is well established that the European Union has created an internal market between its Member States based on free movement of goods, services, capital and persons across its internal borders.[1] The intentional preservation of the diverse nature of the EU Member States’ legal systems[2] has justified the adoption of EU private international law (‘PIL’) instruments[3] to support the effective functioning of the internal market[4] and to help create an area of freedom, security and justice[5] that is designed to ‘facilitate the sound administration of justice.’[6] The Treaty on the Functioning of the European Union (TFEU)[7] creates a legislative competence for the EU to take measures aimed at ensuring ‘effective access to justice’[8] in cross-border cases. It has been submitted that the EU PIL framework is the foundation of EU civil justice,[9] which—according to the EU Charter of Fundamental Rights—is set to guarantee the ‘right to an effective remedy’.[10] To this end, the EU PIL framework has an important role to play with a view to allocating jurisdiction between the EU Member States’ courts and enabling national judges to determine the applicable substantive laws in 2cross-border cases.