Evropeizacija mednarodnega zasebnega prava - vloga in meje nacionalnega zakonodajalca

slovenian

2026

volume 52, issue 2

European Union law   implementation of EU regulations   judicial cooperation in civil matters   private international law

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Over the past two decades, the development of European Union private international law has significantly influenced the national systems of private international law in the Member States. The adoption of numerous regulations within the framework of judicial cooperation in civil matters has led to an extensive unification of rules on international jurisdiction, conflict of laws, and the recognition and enforcement of judicial decisions. Although EU regulations are directly applicable and do not require transposition into national law, their effective application often requires the adoption of appropriate implementing measures at the national level. The article analyses the role of national legislators in the process of the Europeanisation of private international law and proposes a systematic approach to the implementation of EU regulations on three levels: the adoption of measures necessary to ensure the full effect of individual regulations, particularly in the field of civil procedural law; the adaptation of national codifications of private international law in order to ensure a clear delineation between national and European legal sources; and the development of national rules in areas that remain outside the scope of EU law, taking into account the trends of the European legal framework. On the basis of a comparative analysis of approaches in other Member States, the article also assesses the situation in Slovenia. It finds that the Slovenian legislature has adopted a markedly cautious approach to the implementation of EU regulations. The article therefore highlights the need for a more comprehensive legislative adjustment that would ensure greater transparency, legal certainty, and a more effective application of EU private international law within the Slovenian legal order.

12.10.2026