Written by Hadrien Pauchard (assistant researcher and doctoral pupil at Sciences Po Legislation Faculty)
The primary problem of the Revue Critique de droit worldwide privé of 2026 has simply come off the press and is obtainable on-line. It accommodates three articles, 9 case notes, and eight guide critiques. According to the Revue Critique’s latest coverage, the doctrinal half will quickly be made accessible in English on the editor’s web site (for registered customers and establishments).
The quantity opens with Dr. Sophie Duparc’s (Université Panthéon-Assas) vital have a look at the interaction between Droit worldwide privé et libertés de circulation : repenser la résolution des conflits de compétences (Personal Worldwide Legislation and Freedom of Motion: Rethinking the Decision of Conflicts of Competence). The increasing affect exerted by European elementary liberties throughout all branches of personal legislation certainly elevate critical constitutional challenges, that are introduced as follows:
Initially noticed in firm legislation and with regard to the devolution of patronymics, conflicts between freedom of motion and nationwide guidelines of personal worldwide legislation now have an effect on extra delicate points, similar to same-sex marriage, homoparental filiation or the change of gender id. The latest selections of the Court docket of Justice of the European Union reveal an ever-increasing supremacy of freedom of motion and the correlative neutralization of divergences of opinion between the Member States. This end result stems from the Court docket’s use of an unbalanced proportionality overview, primarily designed to guard the European standpoint. In distinction to this strategy, it’s essential to underscore the egalitarian nature of the battle between free motion rights and nationwide guidelines falling throughout the competences retained by the Member States. This statement requires a recalibration of proportionality overview: with a view to protect the neutrality of its constitutional operate, the Court docket of Justice must take as the place to begin of its reasoning the equality of the competing pursuits, thereby permitting the one carrying the best weight within the circumstances of the case to prevail.
Within the second article, Antoine d’Ornano (Avocat honoraire, Paris; Lawyer at legislation, New York) focuses on Le juge administratif et les nouvelles énigmes de l’exequatur (Administrative Courts and the New Conundrums of Exequatur). By lifting the general public legislation taboo in a latest landmark determination, the French Conseil d’État introduced up essential sensible considerations relating to the adequacy of the frequent regime of exequatur for the peculiarities of administrative issues. The judgement’s gray zones are assessed by the creator as follows:
The French supreme administrative courtroom has allowed, for the primary time, the enforcement of a international judgment of an administrative nature. This determination was rendered pursuant to a global conference, which primarily based the characterization of the judgment and subjected its enforcement to the compliance of the general public coverage of the discussion board. This case, because it acknowledges that the executive function of a international judgment doesn’t, in and of itself, stop its impact in France, raises the questions of the likelihood and circumstances of its enforcement within the absence of a global conference. The choice would then seemingly be rendered by the civil courts making use of their normal guidelines on enforcement of international judgments. The factors set by EU regulation Brussels I bis could possibly be utilized to evaluate the executive nature of all such judgments, whose enforcement ought to adjust to the general public coverage of the discussion board together with sure home rules.
The final piece by Prof. Bettina Rentsch and Alessa Karlinski (Freie Universität Berlin) feedback on La révision des conflits de lois en matière de nom en Allemagne – Nouvelle clarté et nouvelles incertitudes (The Reform of German Guidelines of Battle of Legal guidelines on Private Names – New Readability and New Uncertainties). After contextualising the 2025 reform, the authors peruse the brand new battle guidelines, which introduce actually important developments however are nonetheless not immune from interpretative shortcomings that might show of nice sensible relevance. The article’s summary reads as follows:
This text discusses the latest reform of the German Battle Guidelines on private names inside its legislative context. It addresses sensible and authorized shortcomings of the earlier regime as in opposition to its most essential improvements, a shift within the goal connecting issue from nationality to ordinary residence and prolonged choice-of-law choices. By means of these improvements, Germany liberalises the conflict-of-laws regime for names and enhances title bearers’ autonomy. Albeit responding to sensible wants in cross-border contexts, the reform additionally raises questions of interpretation.
The complete desk of contents is obtainable right here.
Earlier problems with the Revue Critique (from 2010 to 2025) can be found on Cairn.
