What does Dr Symeonides mean when he characterises Rome II as a missed opportunity Essay Example

reduce interpretation and increase stability and consistency in the judicial system, with uniform decisions leaving little room for forum shopping by removing a focus on the forum's location. The Rome II protects parties' interests and provides legal support, visible in article 14 which allows parties the freedom of choice in contract applicability to legal disputes.

The Rome II lays down two conditions that parties have to comply with when choosing their own law: the choice must be expressed with reasonable certainty and not prejudice third-party rights, and it must not affect the mandatory provisions of the country where the damage occurred if the parties have chosen another country's law. Many of the legal rules in the Rome II were based on previous rulings from the European Court of Justice, such as Article 6, which is similar to the rule in the Shevill defamation case. This rule was further approved in the eDate and Martinez case.

In my opinion, it would be more advantageous to emphasize the benefits of introducing the new document rather than lamenting missed opportunities. The ECJ has determined that the country where harm occurred determines the applicable law in a case; however, if harm occurs in multiple countries, the plaintiff may select either the defendant's domicile or any country where damage occurred. The Rome II aligns with both Brussels I and Rome I Regulations and strives to harmonize EU Private International law regarding jurisdiction, recognition, and enforceability of judicial decisions.