What are the Comparative Legal, Procedural and Substantive Consequences in Private International Law that Affects, the Doctrine of Renvoi and European Union Member States, Under the Brussels IV Regulation (650/2012) and her 'Opt-Outs'?
38 Pages Posted: 20 Dec 2019 Last revised: 19 Jan 2020
Date Written: December 19, 2019
European Union citizens are all legal entities that dispose personal rights and responsibilities which emanate from the principles of EU substantive and procedural laws. These varies from voting, free movement and establishment rights, and to succession, marriage and adoption rights, within her Member-States. Such harmonised rights allows EU citizens to behave substantively, in upholding their various societal interests as if they were all a single person. It is for such a reason why, a brief analytical and historical presentation of the EU integration project will be discussed in this article.
However, certain Member-States do exercise their “opt out” positions in some EU policy areas which they do not wish to participate. This shall be seen in the case of the question in focus of this Article whereby, the United Kingdom, the Republic of Ireland and Denmark have “opted-out” from the EU Brussels IV Regulation on succession (No: 650/2012). Researcher is interested in comparatively analysing and investigating on how the citizens of Brussels IV Regulation and those of the “opt out” EU Member States, with habitual residence and possessing assets within their jurisdictions are affected. The legal consequences on the doctrine of Renvoi, under the Brussels IV Regulation on succession will be important to be discussed as well.
Researcher will arrive at a conclusion whereby, he will advise all EU citizens on the measures to be taken in order to protect their assets and property interests within the EU Member States, before their demise. This will be followed by a reform proposal on the best possible solution that should be adopted or inserted to the Brussels IV Regulation. Such a reform proposal presented by researcher, will be henceforth put forward to all the EU Members States citizens for approval through a referendum, before its application.
Keywords: The European Union, Private International Law (PIL), Doctrine of Renvoi, Single Renvoi, Double Renvoi, Brussels IV Regulation on Succession (No: 650/2012), 'The Opt-Outs' (English, Irish and Danish Legal Systems)
JEL Classification: K33
Suggested Citation: Suggested Citation