Zur Außenprivatrechtspolitik der Europäischen Union

On the External Policy of the European Union in the Field of Private Law. The policy of the European Union in the field of private law is primarily aimed at shaping the internal market, but it also affects relations with non-EU states in a variety of ways as regards both regulatory private law and the conflict of laws. The EU's underlying »external private law policy« is pursued in two ways. First, legal instruments include unilateral scope rules which bring persons or events in third states within the scope of the measure and which should promote the regulatory objectives at issue. Second, agreements on private law matters are concluded by or on behalf of the EU with third states. However, institutional weaknesses and the Union's notorious lack of competence make it difficult to develop a coherent external private law policy. In the field of conflict of laws, the conclusion of multilateral agreements makes the unilateral extension of EU rules to situations involving third states not redundant. There is no discernible political will to extend the Union's powers in the field of private law and thereby change the conditions under which the EU's external private law policy is currently formed.