The influence of EU private international law on the exception of public policy in the area of cross-border circulation of judgments

The exception of international public policy operates as a refusal ground to the coross-border circulation of judgments. For the Member States of the EU, the exception is subject to the growing Europeanisation of private international law (PIL). The research aims to understand the influence of EU PIL on the national interpretation of the exception for the free circulation of judgments within the EU. Therefore, the research examines the mode of application and the content of the exception both within EU PIL and in the case law of Belgium and Italy. The study demonstrates that EU public policy has become an intrinsic part of the public policy of the Member States, but it has not completely absorbed it. Furthermore, the national case law displays a dichotomy between EU public policy and national public policy. The study advocates the preservation of the exception within the EU recognition and enforcement regime and encourages a balanced application of the exception for the situation of a manifest violation of international public policy