EU Law and Family Relationships
Principles, Rules and Cases

Area 12 – Scienze giuridiche

This volume critically addresses the current status of family law in Europe and, in particular, the interplay between private, international, European Union law and human rights law. Due attention is given to the European rules of private international law and international civil procedure adopted in the context of judicial cooperation in civil matters, which have profoundly changed traditional concepts of substantive family law. Despite retaining competences in this field, the domestic legal systems of EU Member States are currently facing an “invasion” in their sovereignty since national concepts are being challenged by EU rules adopted to ensure free movement within the Union, and by human rights law, such as the right to family and private life, and the right to marry enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms. The volume is intended to offer a critical reconstruction of the existing legal framework to those approaching the subject matter and the interplay of the rules. To this end, the volume offers general theoretical notions and reconstructs the legal framework in light of the case law of supra–national courts that are called to interpret it and ensure a constant and evolutionary development of common rules that constrain EU Member States’ sovereignty.

SINTESI