There are no doubts about the relevance of public policy as to the recognition of foreign arbitral awards in Germany. As far as the impact of the EU Charter of Fundamental Rights is concerned, it remains unclear to what an extent these rights will coin the national notion of public policy. The bottom line is that the Charter enfolds binding force and modifies es the application of substantive legal provisions according to primacy of EU law yet special attention should be drawn to the scope of the Charter, Art. 51. However, as the Charter reflects every EU member states’ thinking so it can be argued that it be applicable regardless of any EU law significance of the case when defining the national concept of public policy. The EU Charter might have a decisive influence when it comes to defining a genuine European approach or concept of public policy as well. This concept might be applied as an ordre public international which substitutes national public policy concepts in relation to the recognition of international arbitral awards.
Collaborator at the Chair of Public Law/ Jean Monnet Chair (Researcher and Lecturer); 1st and 2nd State Exam in Law; work experience (traineeship) at Bavarian EU representation in Brussels; preparing a doctoral thesis on foreign relations of the German Federation member states; research fields: EU law, Public and Private International Law, Arbitration
e-mail: elisabeth.meindl@jura.uni-regensburg.de
Full Professor at the University of Regensburg, Chair of Public Law, Comparative Law, EU Law and Economic Administrative Law, Jean Monnet Chair ad personam (Legal Relations of the EU with Central, Eastern and South Eastern Europe), former Jean Monnet Chair of EU Law; for many years Visiting Professor at the Universities of Paris I and Paris II; various times Visiting Professor at the Universities of Strasbourg, Roma (La Sapienza), Bologna; Director of the German Law Studies at the Moscow State Lomonossov University; Director of the EU Law Centre at Bahcesehir University Istanbul; Corresponding Member of the Bologna Academy of Science; Honorary Member of the Russian and Slovenian Association of Constitutional Law
