European federalism and the new unilateralism
Résumé
The real methodological revolution in European conflict of laws today is linked to the
emergence of a fundamental-ights approach to cross-border situations, which aims atprotecting
personal status and relationships from the adverse effects of heightened international mobility
This approach entails a neo-unilatemlist turn, whereby the forum s choice-of-law rules are set
aside whenever they interfere with the continuity of an effective cross-border relationship. To a
large extent, the traditionalm ethods andp olicies encountered in the field ofmutial recognition
of foreign judgments are extending to situations created independenty of any judicial
intervention but which have generated legitimate individual expectations. The case law of the
various European and national courts frequentlyjustifies this new methodology by reference to
the principle of nondiscrimination, whether ithin the context of Community law oron the basis
of the European Convention of Human Rights. Ho wever such a justification is highly
debatable. Rather the recent methodological turn appears to be mandated by the ideological
foundations of the new European legal order, which are grounded in the recognition and
protection ofjpersonal identity.