Espacio judicial europeo y Tratado de Lisboa: hacia un nuevo Derecho internacional privado

Abstract

One of the main aims of the EU consists in the creation of an real European area of freedom, security and justice and a real internal one single market. An area of justice in the EU requires the elimination of all the obstacles to the free movement of european citizens from one member State to another. Such obstacles prevent the correct functioning of the internal market. Since the Treaty of Amsterdam (1997) the UE institutions have competence to adopt measures of judicial cooperation in civil matters with cross-border implications. Among these measures, the principle of mutual recognition of judicial and extrajudicial decisions and the creation of uniform conflict rules and uniform jurisdiction rules are of the essence. An unique Community private international law system makes sense as a legal tool to promote the internal market int the UE as well as to create a Justice Area in the UE as it has been conceived in the Lisbon Treaty (September 13, 2007).