engleski

The Human Rights Impact on the EU Family Law

Discussion over specific development of human rights in the contemporary EC international family law requires isolation of two institutions: the Charter of Fundamental rights of the European Union, and the European Community Treaty empowerment for EC to legislate over family law matters. The two elements accompanied additionally encourage the development of both individual and collective human rights in EU. The real issue is how do they really affect the content of community aquis? This paper addresses the piecemeal approach of the EC to the concept of family (members to be attributed special benefits or privileges of community law), reflected through several policy areas. The paper focuses on the most recent notion of family contained in the Commissions proposal for a Council regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (COM(2005)0649), where the specifics of private international law mechanism are tackled. The paper argues weather this legislation proposal is a decisive step in more open and flexible approach towards non-marital, or/and same-sex families in general, or specific circumstances connected to the issue of maintenance obligations, makes it a sector-specific step forward in enforcing economic rights of « ; ; atypical» ; ; family members.

human rights ; european international family law ; concept of family ; maintenance obligations

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