Public policy in the EC : the Community 'ordre public' : a proposal with integrative effects

Abstract

Community ordre public, is there such a notion? Seemingly this term provokes an answer from a private international law perspective with difficulty. It is precisely in this sense that the notion is addressed in this work. Admittedly sceptical comments may have arisen after having read the three preceding lines: is public policy not a fading notion? and if it is not, is the European Union the correct context to speak of such a notion? Again, if the context were correct, are there not already enough notions of public policy in a too restricted area to introduce another one? An answer to these questions will be attempted in this thesis. Is public policy still alive in the dawn of the 21st century? Such a traditional notion could be suspected to grow old and like a distinguished lady, withdraw discretely before its ’wrinkles’ become too evident. Still, public policy, despite its ’age’ is indeed alive. It could not be otherwise since it is essential and inherent to the survival of legal orders. Ordre public is a concept which intuitively brings to mind a protective mechanism of legal systems, mainly in three senses: (a) within the legal order, (b) in international relationships, against possible threats of other legal orders and (c) in the framework of international instruments and organisations, as safeguard clause of the national system against the supranational order. International public policy responds in this case to the second meaning indicated. It is in this sense that a notion of Community ordre public is proposed, a notion with a separate identity from the (fifteen) national notions which are likely to be applied on the European Union territory.