Legal advice on the determination of international judicial jurisdiction and applicable law

Study and elaboration of reports to determine the competence of the international jurisdictional organs to determine a specific matter and the law applicable to it.

 

International judicial competence is made up of a set of rules that determine which court in which country can know about a particular dispute that has a relevant immigration element (events occur outside of Spain, people from different States intervene in the events, etc.). In the first place, it is established to which country corresponds the knowledge of a matter and, secondly, of all the jurisdictional organs of that country, who has the competence to prosecute it. This determination is carried out through the procedural criteria of functional, objective and territorial competence of each legal system.

But this is not all, but, once we know to which body the knowledge of a subject corresponds, we must determine which law is applicable to it. Private international law is a set of rules that can be applied to those relations that have subjective or objective elements that are subject to the rules of different States. Given the legislative diversity and the existence of relations between citizens of different countries, conflicts between them are increasing. To solve them, the judge can not limit himself applying the law of his territory, but must indicate which law is applicable to the action that is exercised.

In short, directing an action to a jurisdictional body that has no jurisdiction to know the matter or apply to it a regulation that is not applicable, can cause serious harm to those who exercise it and to the injured by the court decision. But this work of determination is not always easy, due to the broad European regulations. A research group in the area of ​​Law, specializing in international law, offers an advisory service and the preparation of studies and reports on this subject, thanks to its extensive knowledge of internal procedural regulations and European Regulations.

Amb la col·laboració de:

Logotipus del Ministeri de Ciència, Innovació i Universitats