Written by Hadrien Pauchard (assistant researcher and doctoral scholar at Sciences Po Regulation College)
The third challenge of the Revue critique de droit worldwide privé of 2025 has been launched final month. It gathers 4 articles, six case notes and 7 e-book evaluations. According to the Revue Critique’s current coverage, the doctrinal half will quickly be made obtainable in English on the editor’s web site (for registered customers and establishments).
The problem opens with Prof. Thibaut Fleury Graff’s (Université Paris Panthéon-Assas) and Dr. Inès Giauffret’s (Université Paris-Saclay, UVSQ) survey of Le droit des étrangers et ses temporalités. Retours choisis sur la jurisprudence 2024 en matière de migrations (Immigration legislation and its temporalities. Chosen evaluations of 2024 case legislation on migration). A helpful addition to the file that the Revue critique lately dedicated to the reform of French immigration legislation, its summary reads as follows:
The adoption of the Regulation of 26 January 2024 “on controlling immigration and enhancing integration” marked the start of 2024 within the subject of migration. Supplemented by its implementing decrees, the legislation has already given rise to preliminary litigation, mentioned on this paper, alongside the extra conventional case legislation decoding the foundations governing the rights and standing of foreigners in France, in addition to the circumstances of their detention. These rulings replicate the present interval, caught between legislative facilitation of detention and removing on the one hand, and judicial safety of the rights and freedoms of non-nationals on the opposite.
Within the second article, Prof. Étienne Farnoux (Université de Strasbourg) elucidates the refined connections between Les droits fondamentaux, l’exception d’ordre public et la prohibition de la révision au fond dans le système de Bruxelles I (Elementary rights, public coverage exception and the prohibition of evaluation on the deserves within the Brussels I system) from the Actual Madrid case. On the crossroads of personal worldwide legislation and European integration, the contribution solutions elementary questions raised by this now infamous judicial saga. Its summary reads as follows:
The case, which arose when recognition was sought in France of a Spanish courtroom’s ruling in opposition to a French newspaper ordering it to pay heavy damages, highlights the battle between the European goal of mutual belief and the safety of elementary rights, significantly the liberty of the press. In a call dated October 4, 2024, the Court docket of Justice (on a preliminary reference by the Cour de cassation) outlined the overall methodology for controlling the proportionality of a monetary penalty imposed overseas, on the idea of worldwide public coverage, a mechanism strongly influenced by European legislation. This management, which was subsequently applied by the Court docket de cassation in a ruling dated Might 28, 2025, is severely restricted by the European precept of prohibition of the evaluation on the deserves.
Within the third article, Prof. Fabienne Jault-Seseke (Université Paris-Saclay, UVSQ) factors out Les non-dits du droit européen du numérique en matière de droit worldwide privé : l’exemple du règlement sur les companies numériques (DSA) (The unstated non-public worldwide legislation points of European digital legislation: the instance of the Digital Providers Act (DSA)). In mild of our on-line world’s peculiarity, the examine paves the way in which for a clearly articulated coverage of personal worldwide legislation within the digital sphere. Its summary reads as follows:
The Digital Providers Act (DSA) addresses points of personal worldwide legislation in a really restricted means. It primarily defines its territorial scope utilizing a unilateral rule : it applies to any middleman service supplier that targets customers within the European Union, no matter its place of firm. It’s largely silent on different points of the non-public worldwide legislation, resembling figuring out the legislation relevant to unlawful content material or to actions for injunctions and damages. When it comes to jurisdiction, it refers back to the Brussels I bis Regulation, whose provisions are poorly tailored to the specificities of the digital world. The choice that the DSA appears to present to public enforcement slightly than non-public enforcement can’t justify its silence on most questions of PIL, that are important if we’re to make sure efficient safety of rights within the digital surroundings, which is sort of all the time cross-border.
The doctrinal half wraps up with Dr. Marcel Zernikow (Université d’Orléans) examine of Le renouvellement des méthodes de la coopération judiciaire au service du droit au procès équitable : l’instrument du certificat et la numérisation (Renewing judicial cooperation strategies to uphold the fitting to a good trial: the instrument of the certificates and digitalisation). The rising significance of worldwide cooperation in cross-border proceedings certainly requires a modernized strategy, which the writer proposes to pursue as follows:
Judicial cooperation is an object of examine in non-public worldwide legislation that’s justified by the necessity to make the State’s jurisdictional exercise efficient in a international territory. Because it describes the connection between State or judicial authorities of two completely different States, it’s ruled by their respective territorial procedural legal guidelines. This subject is however present process a renewal of its strategies, which might be studied by way of the prism of the introduction of a brand new instrument: the certificates. The latter is regularly getting used to accompany public paperwork or judicial selections or for evidentiary functions. How has this growth grow to be the idea for digitalization, which depends on the interconnection of authorized programs and people through the web? The renewal of strategies is common insofar as it’s primarily based on the assure of the fitting to a good trial in worldwide civil proceedings.
The total desk of contents is obtainable right here.
Earlier problems with the Revue critique (from 2010 to 2024) can be found on Cairn.
