Interpretation of the public policy exception as referred to in EU instruments of private international and procedural law

This study provides for a comprehensive analysis of the interpretation of the public policy exception in EU instruments. Encompassing the relevant case-law of the European Court of Justice, as well as of civil courts in 23 EU Member States, the study evaluates the practical relevance, as well as the content and scope, of the public policy clauses. In practice, public policy is often invoked, but seldom applied. In procedural law, the difference between substantive and procedural public policy is recognised and the procedural public policy is much more often invoked and applied than substantial public policy. The content of the clause is determined by the fundamental guarantees of Articles 6 of the European Court of Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union. In addition, there is a trend in the case-law that procedural irregularities must be remedied in the Member State of origin.