engleski

Shaping European International Family Law

The framework of this paper includes numerous issues of law adjustment to current global and regional social changes and to the all present internationalisation of family life and family law. Nowadays, the law is facing new requirements which are being actively dealt with by the most successful regional organisation – the European Union. At the beginning the paper puts an emphasis on a broader context of socio-economic and demographic factors accelerating human migrations of a great extent, on the sociological element of substantive family law affected by the internationalisation of family relations, on the limitedness of harmonisation of substantive family law and, finally, on the terminology of a newly established discipline called European International Family Law. Within the domain of internal competencies of the European Community on the issues of International Family Law the paper refers to adjustment of the European legislation to the above tendencies and provides an overview of chronological development of the EC competencies on cases of international family law as well as an overview of instruments of acquis communautaire in force or in the phase of preparation. The core of the paper is the chapter on special features of European International Family Law which details the features of international family acquis with the respect to the following aspects: modalities and types of communitarian legislation, legal framework for measures of European international family law, status of the European Court of Justice, external competencies of the EC and its relation to the Hague Conference and, finally, actual methods of private international law in correlation with provisions of international family acquis instruments. In the end authors point to few unresolved doubts challenging the virtual efficacy of current European family law legislation and implying possible future tendencies of acquis development in this area.

international family acquis; EC internal/external competencies; private international law; applicable law; international civil procedure; exequatur; Maintenance Regulation.

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