Book contents
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Introduction
- Chapter 1 Lex loci damni
- Chapter 2 The freedom to elect an appropriate law for non-contractual obligations
- Chapter 3 Conflict rules of substantive labour law relating to specific non-contractual obligations arising from tort
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Part VI International procedural labour law of the European Union
- Selected bibliography
Chapter 2 - The freedom to elect an appropriate law for non-contractual obligations
from Part III - Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
Published online by Cambridge University Press: 05 September 2014
- Frontmatter
- Contents
- Introductory Comments
- Part I Preliminary Part
- Part II Conflicts of law of individual labour law in the light of the Rome Convention of June 19, 1980 and Regulation of the European Parliament and the Council of the European Communities No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (“Rome I”)
- Part III Conflict of law issues in individual labour law in light of the Regulation (EC) No. 864/2007 of the European Parliament and the Council of the EU (July 11, 2007), concerning law applicable to Non-Contractual Obligations (“Rome II”)
- Introduction
- Chapter 1 Lex loci damni
- Chapter 2 The freedom to elect an appropriate law for non-contractual obligations
- Chapter 3 Conflict rules of substantive labour law relating to specific non-contractual obligations arising from tort
- Part IV Conflicts of law in collective labour law
- Part V Conflicts of law in social security – the coordination of national social security systems of EU Member States according to the regulation of the European Parliament and Council Regulation (EC) No. 883/2004 of April 29, 2004 on the coordination of social security systems
- Part VI International procedural labour law of the European Union
- Selected bibliography
Summary
Regulation No. 864/2007 on the law applicable to non-contractual obligations (“Rome II”) allows parties, a person or entity who is liable in tort and the victim, to conclude an agreement to submit the non-contractual obligation to the chosen national system of substantive law (Article 14, paragraph 1). Because the agreement can be concluded by the parties to a non-contractual obligation arising out of tort, therefore it should be obvious that before the creation of such a relationship there is no basis to conclude an agreement on the selection of applicable law. However, in Article 14, paragraph 1, point “a” of the Regulation, the right of the parties to submit the non-contractual obligations to the law chosen by the parties after the event causing the damage has occurred, has been limited. For the reasons given above, this claim would not be necessary if, in Article 14, paragraph 1, point “b” of the Regulation it was not decided that in the event of a non-contractual obligation between the parties engaged in economic activities it is permissible to conclude such an agreement and prior to the event causing the damage. Article 14, paragraph 1, point “b” does not apply to individual labour relations, because the employee acting as a party to a non-contractual obligation is not engaged in economic activity.
- Type
- Chapter
- Information
- European Union Private International Labour Law , pp. 162 - 165Publisher: Jagiellonian University PressPrint publication year: 2012