Harmonising Family Law Across Borders in Europe
2022 (English)In: International Survey of Family Law 2022 / [ed] Robin Fretwell Wilson and June Carbone, Cambridge: Intersentia, 2022, p. 379-416Chapter in book (Refereed)
Abstract [en]
This chapter provides family law experts worldwide with a glimpse into and an update on the latest changes in European family law, specifically to conflict of law rules for resolving European Union (EU) cross-border family law cases and most notably those regarding responsibility for children, marital dissolution and distribution of assets after death. Examined are EU-level legal developments affecting cross-border family relationships within the 27 nations of the European Union that have been introduced primarily through significant new EU legislation and by recent case decisions by the Court of Justice of the European Union (CJEU). The changes’ impacts at the national-law level on substantive and procedural family law and on national and personal (party) autonomy are illustrated using reports on the experiences across the EU. The experience of my own Member State, Sweden, is described as an example of how EU-level, increasingly harmonised family law (‘international private law’ primarily) is being negotiated and implemented both between and within EU Member States. This research aims to overview ongoing (and indeed ever-present) tensions between autonomy and uniformity interests within the EU, contributing to the significant existing literature on the present state of and future possibilities for ‘European family law’ while also introducing non-EU scholars to this growing, rather complex legal area. As the chapter’s final sections describe, a steadily-increasing Europeanisation of family law is observed, co-existing with the tensions, which is reducing legal difficulties for individuals and state actors in Sweden and throughout the EU within a broader context of ongoing legal, economic and cultural globalisation. Family law, no longer taking a back seat to other EU legal areas, is today playing a remarkably prominent role.
Place, publisher, year, edition, pages
Cambridge: Intersentia, 2022. p. 379-416
Keywords [en]
comparative family law, international private law, European family law, EU conflict of laws, EU Succession Regulation, Swedish inheritance law, family law, child law, cross-border family law
Keywords [sv]
familjerätt, IP-rätt, EU-rätt, arvsrätt, barnrätt
National Category
Law Other Legal Research Criminology
Research subject
european law; Private International Law
Identifiers
URN: urn:nbn:se:uu:diva-485897ISBN: 9781839702648 (print)OAI: oai:DiVA.org:uu-485897DiVA, id: diva2:1746188
2023-03-272023-03-272025-02-20Bibliographically approved