HUMAN RIGHTS AS PART OF ORDRE PUBLIC (PUBLIC POLICY) IN THE EUROPEAN UNION LAW AND THE LAW OF THE REPUBLIC OF MACEDONIA

Ristovska, Mirjana and Pelivanova, Natasa (2017) HUMAN RIGHTS AS PART OF ORDRE PUBLIC (PUBLIC POLICY) IN THE EUROPEAN UNION LAW AND THE LAW OF THE REPUBLIC OF MACEDONIA. INTERNATIONAL SCIENTIFIC CONFERENCE SECURITY CONCEPTS AND POLICIES - NEW GENERATION OF RISKS AND THREATS. pp. 302-310.

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Abstract

Public policy, as a specific institute of the Private International Law, is an instrument that protects the core values, basic principles and the social and legal framework of each country. In general, the establishment of public policy represents a complex task, because of its national and relative character, so each state in a given time period determines what will be covered by this positive legal institute. The court of each state may invoke the application of public policy in order to exclude the application of a foreign law in a particular case if it concludes that the foreign law is contrary to the national public policy and refuse recognition of a foreign court decision, if the effect of its recognition is also contrary to the national public policy. Today, it is an undisputed fact that human rights are fundamental values of each democratic state, and therefore, we can conclude that human rights represent a substantive part of the public policy of any modern state. The subject of this paper is a comparative analysis of the notion of public policy in the law and jurisprudence of the European Union and the Republic of Macedonia, with a particular focus on human rights, as ratione materiae of public policy. For the purposes for this paper the method of normative analysis, the historical method and the method of induction and deduction will be applied. Keywords: public policy, human rights, international private law.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Pfk Eprints
Date Deposited: 09 Mar 2020 13:06
Last Modified: 09 Mar 2020 13:06
URI: http://eprints.uklo.edu.mk/id/eprint/3934

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