The material consideration approach as a tool for protecting fundamental values in private international law and the instrumental relevance of the connecting factors

Among the methods of coordinating legal systems, in private international law, the EU legislator applies the so-called material considerations approach in order to achieve specific objectives and protect fundamental values of the Union, both social and personal in nature. From this perspective, it becomes relevant to assess whether such a method is truly effective in the selection of substantive rules, with the aim of highlighting the real relevance of the connecting factors chosen by the legislator to achieve its objectives. Through this analysis, some criticisms are made of the functional approach to non-contractual obligations with regard, for example, to Article 7 of Rome II Regulation on environmental damage and the travaux préparatoires of the Due Diligence Directive.