Cross Border Recognition of Formalized Same- Sex Unions. Europeization’s Capacity of Healing and Bridging Differences

Summary

The uneven speed of development of substantive family laws within Europe results in “limping family” relations, i.e. family relations that are recognized in one state but not in another. The ordre public safeguard has traditionally been used to explain why a certain family relation, e.g. a same-sex marriage or a registered partnership, cannot be recognized in another country. However, the case law of the European Court of Human Rights and the Court of Justice of European Union are providing new standards for recognition. This project is concerned with the interaction of human rights standards, private international law, and family law. It investigates the impact of Europeanisation in these areas, and looks into different methods of recognition in relation to the topic.

Focus

Internationella privaträtten på familjerättens område

Members

Vaige, Laima