Zum Verhältnis von Internationalem Privat- und Verwaltungsrecht

The Relationship between Private International Law and Administrative International Law. The Example of Overriding Mandatory Provisions in EU Conflict of Laws. The relationship between private international law and administrative international law is rarely examined in detail. Yet both areas would benefit from considering the other. In the context of private international law, this is particularly pertinent in relation to overriding mandatory provisions. In the HUK-Coburg II case, the CJEU recently established two unwritten requirements for the enforcement of these provisions: Courts may enforce such provisions only if, first, the legal situation in question has sufficiently close links with the Member State of the forum and, second, the public interest cannot be achieved through the application of the lex causae. This article demonstrates that the criterion of a sufficiently close link with the Member State of the forum is viewed differently when considered alongside the principles of administrative international law. The second requirement, the necessity test, has - among other things - a significant influence on approaches to coordinating administrative and private international law through the instrument of overriding mandatory provisions. The article therefore examines how both areas can be better coordinated, at least within the internal market.